: The report concerns the role of 1942’s Italian Civil Code in the framework of the renewed constitutional principles. After the transition from fascism to the Republic and the consequent repeal of the more enhanced “regime” provisions in contrast with the new laws, the articles of the Code only have the function of indicating the legal scheme of contracts and obligations. The special laws become the instrument of implementation of the constitutional principles, with an impact on the new disciplines, partly substitutes, partly upsetting the structure of the Code in terms of work, property, economy. All these legal provisions converge to the issue of civil rights.
BETWEEN CONTINUITY AND DISCONTINUITY. THE EVOLUTION OF THE CIVIL CODE SYSTEM IN ITALY
gian paolo trifone
2022-01-01
Abstract
: The report concerns the role of 1942’s Italian Civil Code in the framework of the renewed constitutional principles. After the transition from fascism to the Republic and the consequent repeal of the more enhanced “regime” provisions in contrast with the new laws, the articles of the Code only have the function of indicating the legal scheme of contracts and obligations. The special laws become the instrument of implementation of the constitutional principles, with an impact on the new disciplines, partly substitutes, partly upsetting the structure of the Code in terms of work, property, economy. All these legal provisions converge to the issue of civil rights.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
