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La Propriété-Sûreté. Rapport Général, Mauro Bussani
La Propriété-Sûreté. Rapport Général, Mauro Bussani
Mauro Bussani
The aim of the paper is twofold. On the one hand, its goal is to offer a comparative overview of the rules and techniques on the use of ownership as security, with particular regard to retention of title and transfer of title for security purposes. On the other hand, the paper aims to illustrate the harmonization efforts which have been undertaken in this field, and to evaluate the promises and challenges arising from such integrative enterprises in light of the findings highlighted by comparative law studies.
La Corte Costituzionale, L’Illecito Ed Il Governo Della Colpa, Mauro Bussani, Marta Infantino
La Corte Costituzionale, L’Illecito Ed Il Governo Della Colpa, Mauro Bussani, Marta Infantino
Mauro Bussani
Under Italian law, the (only) court competent to solve constitutional questions – the Constitutional Court – is often required to verify the constitutionality of tort law rules. Focusing on the Constitutional Court’s pronouncements about the notion of fault in tort liability, the paper aims to investigate how the Court performs its role in a field where judicial review is seldom aimed to the scant legislative tort law rules, and most of the times targets the way in which ordinary courts, including the Court of Cassation (i.e. the Supreme Court in civil matters), apply tort law rules, and set the fault …