The main difference from other violations of personality such asdefamation is that while in the latter the news that is circulated is bothfalse and disparaging, personal identity protects an individual from beingpresented erroneously. At the same time, not to extend them entailsdepriving the natural family of some measure of protection. The general interest in publichealth has to be reconciled with the individual right to refuse medicaltreatment deriving from Art 32 of the Constitution. A good example is the protectionof the personality of a worker, laid down by the so-called WorkersStatute law no. Personal relations between spouses 593. This is an exception to theprinciple that motive is irrelevant to the validity of private legaltransactions. Iura in re aliena 1426.
It isdivided into two main branches: civil law from the Latin civis, citizen and commercial law. In this sense property is considered as opposed to credit rights, orobligations and will be used in the civil law sense throughout this work. Italy has concluded numerous treaties with other countries that affectprivate relations. In general, fewer changes have taken place in the areas of obligationsand contract, with the exception of hire, insurance and rental of ruralproperty. He is called a third party because normallythere are two first parties and so he is third with respect to these.
In the absence ofsuch agreement, the statutory rate shall apply Art 1284 civil code. Wrongfulness of loss or damage. An example of expectation de jure: A will receive aflat as a gift if he obtains his degree; in the period while he is studyinghe can, by Art 1358 of the civil code, sequester the property if hefears that the donor, B, wishes to get rid of it. Goods and things in the legal sense 107 6. The new sources of private law Public law is concerned with the sources of law; from the point of view ofcivil law it is both necessary and sufficient to observe that the lawsregulating private relations can be of a national, regional orsupranational origin.
The Constitution ascribes a privileged position to the legitimatefamily, attributing to marital union a legal form for a couple livingtogether that cannot objectively be equalled as a guarantee of certainty,stable relations and sincerity of intention. The general principles The role of the judge is to apply the law to resolve conflicts. Gathering of information is a ubiquitous practice, and has an impacton the deepest aspects of personal life, being unrestricted in method andno respecter of boundaries. Italian Private Law provides an excellent overview and analysis of Italian private law and its transition from the early twentieth century legal tradition to a system based on constitutional values, geared towards European integration. Social function of property 1206.
Thus the obligees default can arise in two differentsituations: when he does not co-operate with the obligor to receive theprestation or when he refuses it, even though it be offered in one of theforms established by law. There were specific rules that applied inparticular situations, such as a ban on gathering information on aworkers political and union-connected views, to avoid discrimination inthe workplace Art 8 of the Workers Statute , and another ban on theuse of information about servicemens political and religious views, againto prevent discrimination Art 17 of the basic rules on military disciplineof 1978. Contents: Natural persons -- The family and succession -- Intermediate communities -- Business and companies -- Property and goods -- Transactions and contracts -- Wrongful acts and civil liability -- Protection of rights. A notice must be displayed at thetown hall for eight days stating the names of the partners, their ages andthe place where the wedding is to take place. Family law underwent thorough reformwith the introduction of law no. The argumentcentred on whether this provision seen as unduly favourable to theobligor at the obligees expense was contrary to Arts 3 and 47 of theConstitution. Liability of the public administration 2708.
However, unlike other codes, for example, the criminal code of 1930,the civil code was not profoundly influenced by the Fascist government inpower at the time. The reform of family law Shortly after the end of the Second World War, legislators had alreadylaid the foundations for a substantial reform of family law. There is,however, affinity between the relations of one spouse and the otherspouse Art 78 civil code ; the degree of relatedness is the same as thatobtaining between the spouse and his blood relation. The individual isprotected by this qualified interest for reasons of public interest. Abuse of a right 171. Redress in non-contractual liability 2728. Any purely religious marriage which hasnot been civilly registered does not preclude the celebration of a newmarriage, as it is without effect as regards the Italian legal order; d absence of impediment arising from relatedness, affinity or adoption Art 87 civil code ; e absence of offence committed or attempted by one partner at theothers expense ; f expiry of any period of widows mourning which lasts 300 daysfrom the death of the previous husband, to eliminate the possibilitythat the bride might give birth to a child of uncertain paternity Art 89 civil code ; g finally, the partners must be of opposite sexes if not, the marriage iswithout effect.
Death is presumed when a disappearancecontinues longer than ten years Art 58 civil code. Basics Capacity to exercise rights is to be distinguished from legal capacity. In Italy, marital authorisation was abolished in 1919 and universalsuffrage, by which women obtained the right to vote, was introduced asrecently as 1946. This means thatproperty rights can be asserted as against anyone erga omnes anddevolve immediately onto the thing from which the right derives itsutility, whereas a chose in action can be asserted only against specificobligors to comply with the exercise of the right, and so are mediated inthe sense that they require the co-operation of such persons. A, B and C in thesale of the house are such a locus, as their interests contrast with Ds. Transplants present a more complex problem.
Co-ownership: legal nature and regulation 1316. Sica, Giuffrè 2005 and digital television edited with A. The protection of life is provided for in the penalcode at Arts 545ff and 575ff. The Italian legal order did not have laws thatregulated information gathering or its subsequent organisation anddiffusion by third parties. The right to build and planning controls 1266. She could not normally pursue a profession or business affairs. In the United States the laws on civilrelations are not codified, whereas commercial law partly has been, in theUniform Commercial Code of 1962.
Professor Guido Alpa of the Universityof Rome La Sapienza and his colleague Professor VincenzoZeno-Zencovich of the University of Roma Tre have each writtenextensively on all areas of Italian private law and, through their work ascomparativists, know instinctively how to present their material to aninternational audience. Privacy and data protection The second aspect of privacy is equally as important as the first, but inpublic life, unlike in the private sphere, it is not possible to trace a linebeyond which a person has the right to be left alone. Does this imply that the function of the civil code, and of codes ingeneral, can be said to have nearly run its course in advanced capitalistsociety? It is not derivedfrom spouses obligation to co-operate and lend assistance Art 143 civilcode or the duties owed by parents to a minor child Art 315 civil code ,but rather from other circumstances distinguished by two salient features:the recipient of the material support must be in need of it, that is, he isnot in a position to take care of himself; and the provider of the supportmust have the means to provide it for the recipient. It is, therefore, linked by a right, a chose inaction consisting of the power to require from someone the obligor athing or a performance which can be either a positive act or refrainingfrom acting. Canonical is used here and below in the sense of contracted accordingto the rites of the Roman Catholic church.
Legal capacity ends with physical death. Contract for the account of whom it may concern 2267. By contrast the degrees of relatedness, whichmust be established for purposes of succession to the estate of a deceasedor marriage between relatives, follow different principles. They are for the most part inalienable, that is, aperson cannot renounce them though some can be renounced, forexample, the right to the privacy of ones likeness and the right toprivacy: Art 10 civil code. This process of decodification represents a new phase in the civillaw, in which the dominant tendency is away from gathering together allregulation of private relations in a single text and towards developingspecific laws in appreciable numbers in derogation from thegeneral rules.