Rivista 2015

The Review publishes original papers covering a large array of topics in Law, general theory of Law and multidisciplinary studies i.e. ethic issue, legal aspect of technology etc. The Review aims to provide also a forum which facilitates the development of the legal aspects – especially in any field of private law is welcomed - of the scientific research and innovation, at European and International levels. Particular attention will be paid on the rights, obligations and the legal relationships arising from the research and innovation activities, as well as on the contracts to carry out the scientific researches and to exploit the results either in academic, market contexts and human rights. The Review will study the legal discipline of the European and National policies and of the legal instruments to implement them, especially the funding programmes and Human rights. The Review will study the legal discipline of the European and National policies and of the legal instruments to implement them, especially the funding programmes and Human rights.

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Call for the dictionary

In 2012, the proposal led by Universitá degli Studi di Perugia, Italia and the Tecnológico de Monterrey, Mexico City Campus won the contest for the project IR&RI ( Individual Rights and Regional Integration ). This contest was proposed by the Jean Monnet Programme of the European Union. Due to the funding obtained by such a program and as a result of its efforts, not to mention the international seminars in Italy and Mexico in 2013, two books were published: the anthology Human Rights and Regional Integration and the Analytic Dictionary on Human Rights and Legal Integration...



L’intervento regolatorio in tema di crowdfunding. Per una teoria della regolazione
This study wants to define, according to regulation theories, the regulatory intervention made by the Italian legislator on crowdfunding and to analyze its role and rules. The second step was trying to understand whether the public special and sectorial regulation taken ex ante was necessary, if it was responsible of a limitation in crowdfunding itself, and/or if it had a negative effect in the reference market and in its development.

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Famiglia biologica e tutela dell’affettività in Italia e in Europa
The essay identifies the value of the most recent adoption reforms in the aspiration to preserve the relationship of affection between minors and their families. The essay also focuses the assessment of the state of abandonment, enhancing relationships developed during the foster care.

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La alianza del Pacífico dentro del contexto de la integración jurídica latinoamericana
The article provides critical analysis of the Pacific Alliance as space of integration. For this purpose the author offers a deep reflections on new “American” common law, and provides an overview of Integration in the all area named “America” (Pan American, Latin American and Sub-Regional Andino, Caribbean, Central American, South American and Pacific) He starts from the identification of historical processes, highlights in the same time its economic, social, cultural, political and legal relevance.

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Profili dell’accettazione dell’eredità nel sistema italiano
The paper aims to describe the discipline of acceptance of inheritance in the Italian legal system, examining the most critical aspects: people involved, time limits, law hypothesis. The essay examins then the most important doctrinal and jurisprudencial orientations, also in the light of the recent judgements.

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Homosexualite et non-discrimination: l’exhortation de l’UE
The European Union during the developing of its legal framework realised a new analysis of the juridical concept of status, because to be EU citizens means free circulation of individual legal condition. This paper aims to analysis the condition existent for homosexual, finally now under the EU legal system no more individual status that recall in its name historical discrimination.

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Rent to buy: un nuovo contratto o un semplice déjà vu?
The essay analyses the new discipline, introduced from the legislator of 2014, of «contracts of enjoyment according to the successive alienation of real estate» (c.d. rent to buy), with particular reference to the nature, to the “ratio”, to the contractual operation and to the transcription of the institute. Moreover, the article shows points of reflection both with reference to the fiscal profiles that to the possible application of the rent to buy for aims prohibits from the law.

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La negoziazione dei derivati finanziari: un gioco proibito?
Recent economic and political experiences have highlighted the crucial importance of cross-border trading, helping to draw attention to the field of “global financial market” and the financial derivatives sector. This sector of financial negotiations is, in fact, constantly expanding and, without any interruption, shows the performer with a dynamic vocation of globalization. The focus of the investigation is to incorporating itself – beyond civil law profile – the great theme of the forms of regulation in this sensitive area of discipline.

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I certificati di risparmio energetico come nuovi beni nello spazio giuridico europeo
The evolution of trade together to the European integration lead to the creation of new marketplaces of goods recognized by the law, settled up as necessary instruments for the pursuit of specific targets, as part of a progression of the new private law unto broader goals of public nature. By a simple object of protection, such new goods – now considered in their specific characterization, in a modern private law perspective – become an active management tool whose features, affecting dynamics of circulation, cause a peculiar exception to the fundamental rule of free movement of goods in the EU. White certificates (“certificati di risparmio energetico”), into a similar functional perspective, thus assume an instrumental configuration in which special institutional domestic purposes will manage and shape the related discipline of private law.

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La formazione “progressiva o successiva” del contratto: il preliminare di preliminare, da negozio inutile a contratto innominato
The preliminary of the preliminary contract constitutes an unnecessary repetition devoid of legal effect, or is it an atypical contractual scheme that it has be recognized by our legal system? The Supreme Board gives an answer to this question acknowledging to this figure a proper value. As above said, we can talk about a progressive or subsequent stipulation of the contract to underline how the stipulation of the contract can be made step by step. It is clear that the forming up of a contract can last in time and space, and it overlaps the general concept of an economic operation. This interpretation has with it a series of questions, to which the law operator has to give an answer.

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Contributo allo studio del contratto pregiudizievole
The paper aims to describe the discipline of equity and good faith in the Italian legal system, examining the most critical aspects of Law of Contracts. The essay examins then one of the objectives underlying the law of contract on an economic view, that is to curtail opportunism.

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Fall of the empire of the exchange (Within eu public and private contract law)
Within the European national legal systems, the idea of contract is focused on the idea of patrimonial «exchange», which is expressed through notions as «corrispettività» and «onerosità» in the Italian Codice Civile or «bilateralité» and «onerosité» under the French law. At the present evolution of the EU contract law, the exchange continues to be a central concept in private law. However, a deeper analysis of the EU legal sources shows that the concepts used within the European law are different from those known under the domestic legal systems. As matter of fact, within the EU contract law, the exchange has different functions and lost its central function. Furthermore, in many case it became more important the discipline of the agreement with common purposes and the other agreement without exchange.

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Trans-pacific partnership: juridical integration on cooperation about traditional knowledge related genetic resources
The Trans Pacific Partnership (TPP) is a new comercial agreement by many countries from Pacific area that aims to eliminate barriers about international commerce. However it contains a chapter on intellectual property rights. As matter of fact, valorization and protection of Traditional Knowledge (TK) is an opportunity for developing countries rich in knowledge elaborated by local communities and indigenous peoples (see Mexico, Peru, Chile, Australia or New Zealand). An Register on TK by databases like Digital Library permits access for researchers, academics, institutions and international communities, and it prevents misuse and misappropriation by non authorized persons. TPP is the first commercial international agreement that non directly, but taking into account indigenous peoples rights related intellectual property rights.

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Interruzione della gravidanza e pianificazione familiare in Polonia. Dibattito sull’abolizione dell’aborto
The paper provides the evolution of the abortion and familyplan’s law inPoland. The analyze of the topic elaborated is concentrated in the previous act and the actual law, approved in 1993. One judiciary case of one polish citizen in the European Court of Human Rights give us some points how restrictive are the rules for recurring to the abortion. The actual debate for a total abolishing is actually a hard topic discussed these months by the government.

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Profili multidisciplinari del parto anonimo dopo la declaratoria di incostituzionalità. Note a margine di un recente saggio

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Tra statuto normativo della proprietà e diritto ‘vivente’. Note a margine di un recente saggio

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Assegnazione della casa familiare e tutela del terzo acquirente (nota a Cass., 22 luglio 2015, n. 15367)

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