Rivista 2016

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...

Review

MARIO I. ÁLVAREZ LEDESMA

Un approach teórico-funcional a la situacion de los derechos humanos en méxico
This article presents an innovative approach to the current situation of human rights in Mexico. First, this essay shows that it is necessary to understand that the human rights initiative falls within the scope of a deontological theory of justice, meaning that it needs to accomplish very specific moral principles. Second, for human rights to be considered a viable endeavor, it must be amenable to certain factual requirements, such as: a functional democratic system founded upon the rule of law and a certain level of economic and educational development. This article holds that the human rights crisis in Mexico is due to the critical situation of its factual requirements, even though, in theory, the Mexican legal system provides for the human right’s moral principles.

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JOHN ALBERTO TITO-AÑAMURO

The present study realizes a critical analysis of the universal application of the Human rights.
The present study realizes a critical analysis of the universal application of the Human rights. The starting point is the analysis of two sinister cases of violation of Human rights, one in Rwanda and other in Republic of the Congo. This study tries to demonstrate the hypothesis that the rules of the human rights do not apply to all equally. There are privileges as the American excepcionalism. Therefore, the universal application of the human rights is doubted.

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MARIA LUISA NAVARRA

La «poena» del carcere per debiti in Ambrogio di milano
The essay analyses some Ambrogio’s works concerning personal execution. The pieces, taken from De Nabuthae and De Tobia, prove reliably the persistence in the IV Century A.D. of the ductio of the debtor, in a condition of poverty, to the creditor’s private prison. This praxis is not in contrast with the law in force, but totally in accordance with it. The increase of socio-economic inequalities enhances the preservation, in the advantage of potentes, of a juridical means which had, still in the late imperial age, an afflicting nature.

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CARLO LORENZI

Disciplina domestica e autorità imperiale in epoca severiana
Two passages of the Severan age (C. 8.46.3 and D. 48.8.2) underline a substantial accord when presenting as essential the submitting to the public authority of the son by his paterfamilias who wishes to punish him in the harshest way, thus by killing him. Academics are divided upon whether or not rely on the introduction of such an innovation since this historical age. On a closer inspection, however, the passages seem to witness a change of perspective in the evaluation of the exercise of the paternal power by the imperial authority.

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ANDREA SASSI

L’accertamento giudiziale dello stato di figlio nel sistema italiano
The essay – starting from my contribution in the Convention «Filiazione, genitorialità e minori. Innovazioni normative e riforme annunciate» (Enna, June 2016, 10th-11th), organized in cooperation with the Scuola Superiore della Magistratura, and my speech in the Scuola Centrale dell’Osservatorio Nazionale sul Diritto di Famiglia (Rome, December 2016, 3th) – analyses the actions of child’s status in the perspective of protections of the individual based on three progressive levels: a) protection connected to the birth and, therefore, to the existence of individual; b) protection connected to the birth assessment and to the registration in the Civil Status Register; c) protection connected to the child’s status.

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GIANCARLO SAVI

Nuova convivenza familiare e revoca dell'assegno divorzile
The paper – starting from an important recent turning point of the Italian Supreme Court concerning post-marriage allowance (based on which the obligation related to the prior marriage definitely ends with a new familiar relationship, also only de facto) – analyses not marriage-based family. The matters are examined starting from the juridical nature of the post-marriage allowance and its determination, in order to achieve a systematic framework, in the light of the plurality of the familiar models, introduced in Italy by the Law n. 76/2016.

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LORENZA BULLO

Donazione di bene altrui e comunione ereditaria nel sistema giuridico italiano
Limitations to legitimacy of individual heirs to dispose of specific goods and rights of the legacy pending its indivisibility are based on a unitary and holistic approach to the hereditary patrimony. Such limitations are especially evident when it comes to acts of disposition free of charge (without compensation), as stated by the Supreme Court (Cassazione) in the ruling of the unified sections no. 5068 of 2016. In such ruling, the Court adheres to the principle – already put forward by some scholars – according to which each coheir is not vested with the individual legitimacy to dispose of goods and rights, not even within the limits of his share, before hereditary division has taken place. This applies to both real and credit rights. However, acknowledging that the hereditary patrimony constitutes a joint heirship, which thus includes both real and obligatory rights, means that, before the hereditary division takes place, the hereditary patrimony is granted a certain degree of autonomy. This way, in fact, the community of co-heirs is being given some margin of maneuver on the hereditary patrimony as opposed to the respective individual patrimonies.

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ROBERTO CIPPITANI

«Property paradigm» and pretection of rights concerning genetic information
The article analyses the current legislation relevant to the use of genetic information, with reference to persons, plants and animals. The legal sources (at International, supranational, national levels) deal with the issue to protect some important interests as the dignity of the person, in the case of human genetic information, or the protection of the environment. The norms use a “proprietary paradigm” with the aim of putting genetic information under the control of their owner, which are the individual or the State. The proprietary paradigm is expressed through the consent of the interested persons, which is required for the use of their genetic information and, on the other hand, through the notion of sovereignty of the State on the genetic resources of the environment.

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ALESSANDRA LANGELLA

Equità, buona fede e principio di proporzionalità
The paper it is structured as a work in progress. It is the preface of a larger body of work which rewrites the state of the art of equity and the contractual good faith aimed to understand the synergic power of the two tools which calibrate the negotiations to the socio-economic needs. The work wants to start a consideration on equity and good faith as legal- moral powers to react against a lack of legislations in a supplementary logic and to fix the autonomy as a replacement function, modulating the private interest towards a social solidarity required by the Constitution and by the European legal frame about the contracts. It appears as a schematic approach, a sort of bullet point, where the details of a research are established, but need to be deepened being. As of now, it has limited to highlight the typical signs of good faith and equity as well are being used in a corrective manner and in order to complete the contract by the force of law.

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ANTONIO MIELE

La responsabilità medica alla luce della «legge Balduzzi»
The paper aims at reconstructing the legal nature of the professional responsibility of the physician after the Balduzzi’s reform (Decree Law 13 September 2012, n. 158). The essay retraces the evolution of doctrine and jurisprudence relevant to medical responsibility, with particular reference to the most recent cases before the Court of merit and the ‘Suprema Corte di Cassazione’.

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DANIELE CHIAPPINI

The Xylella fastidiosa case: a way for thinking research damage in the italian legal system
The aim of this paper is analyse the state of art of research damage on the Italian legal system and actual developing of liability connected with the research activity. In order to do this, we will take into consideration what is happening in Italy concerning the research on Xylella fastidiosa. This is related to scientific progress which opened new fields and horizons to science, but often it carries fears and anxiety in the public opinion. Scientific development is essential for human progress and for a sustainable human impact on the world. A society which does not keep on studies and experiments is destined to stagnation and decline, because without technological progress it can not be able to faces future challenges. Nevertheless, scientific research has the potential of being dangerous as demonstrated by many studies and events. In this scenery civil liability on the one hand could become the instrument to guarantee damaged subjects and on the other hand is the way to allow a healthy development of scientific research, because every human activity can be dangerous, but the fear of the unknown effects can not stop scientific progress, therefore the judicial system must to provide the appropriate rules to protect damaged subjects by the results of the research activities without block it. From this point of view this gap could be highly fixed by civil liability.

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ANTONIO PALAZZO

Riflessioni leggendo «The American Pope- Costruire ponti per costruire la pace»

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JOANNA OSIEJEWICZ

La frammentazione del diritto mondiale come determinante della sua armonizzazione

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TUNJICA PETRAŠEVIĆ

The Human Rights in eu Law.

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VALENTINA COLCELLI

Protección de la biodiversidad y conocimiento tradicionale asociados a los recursos genético en la «Societad del Conocimiento».

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SILVIO PIETRO CERRI

Lastrico solare e responsabilità (nota a Cass.,Sez.un., 10 maggio 2016,n.9449).

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BUFACCHI-COLCELLI-DE DONNO

Aumentare la Social Acceptance attraverso l'uso di contratti plurisoggettivi con comunione di scopo: studiando la realizzazione di un impianto a biomassa da residui dell'olivicoltura e della produzione di olio d'oliva.

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