The essay analyzes the evolution of Alberto Trabucchi’s legal Thought with regard to the principles of the European Union and of the Italian civil code. The paper aims to highlight the impact of Trabucchi’s Thought on doctrine and case-law, as well as to point out, in case, its topicality. In this perspective, the analysis focuses on Trabucchi’s theory of legal interpretation, which is based both on personalism and on the rejection of legal positivism. In the analysis of the relations between the principles involved, particular attention is given to the ‘superlegal’ dimension of some of them and to the possible juxtaposition of Alberto Trabucchi with natural law. The essay ends with some considerations on the principle of legality
Princípi del diritto comunitario e del codice civile nel pensiero di Alberto Trabucchi
Emanuele Indraccolo
2020-01-01
Abstract
The essay analyzes the evolution of Alberto Trabucchi’s legal Thought with regard to the principles of the European Union and of the Italian civil code. The paper aims to highlight the impact of Trabucchi’s Thought on doctrine and case-law, as well as to point out, in case, its topicality. In this perspective, the analysis focuses on Trabucchi’s theory of legal interpretation, which is based both on personalism and on the rejection of legal positivism. In the analysis of the relations between the principles involved, particular attention is given to the ‘superlegal’ dimension of some of them and to the possible juxtaposition of Alberto Trabucchi with natural law. The essay ends with some considerations on the principle of legalityI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.