Guido Alpa

What does the right to be oneself entail? And how is it manifest in our understanding of the law? The leading commentator on this subject explores these questions, taking an ambitious and multi-faceted approach. To answer them, he draws on private law, jurisprudence, constitutional law, as well as history, art and literature. This treatise, translated from the Italian original and expanded to give a more international perspective, is the seminal work on the development of identity-protection through law.

What does the right to be oneself entail? And how is it manifest in our understanding of the law? The leading commentator on this subject explores these questions, taking an ambitious and multi-faceted approach. To answer them, he draws on private law, jurisprudence, constitutional law, as well as history, art and literature. This treatise, translated from the Italian original and expanded to give a more international perspective, is the seminal work on the development of identity-protection through law.

Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.

Das Buch ist die deutsche Ausgabe der „Fondamenti del diritto privato europeo". Es stellt in innovativer und umfassender Weise die derzeitige Stellung des Privatrechts in Europa vor, sowie die neuen Entwicklungen im Zuge der europäischen Vereinheitlichung und fortschreitenden Einigung. Geschrieben von zwei herausragenden europäischen Wissenschaftlern, Guido Alpa und Mads Andenas, die sich unermüdlich der Weiterentwicklung der länderübegreifenden Forschung und Lehre widmen, bietet es mehr als nur ein Handbuch zum europäischen Privatrecht. Es führt den Leser umfasssend in die geistes- und kulturhistorischen Hintergründe sowie in die Rechtstheorie der gegenwärtigen Privatrechtsvereinheitlichung und Modernisierung der rechtlichen Grundlagen des europäischen Wirtschaftsverkehrs ein.

The volume offers both a general overview and selected details of Italian private law and its transition from early 20th century legal tradition to a modern legal system based on constitutional values and geared towards European integration. Among the areas presented are family law, succession, legal persons, businesses and companies, property, contract, and tort. The volume takes into account not only the legislative system, starting from the 1942 Civil Code and highlighting the many and significant changes that have been made in the past six decades, but also the profound influence of case-law and legal scholarship. The authors emphasise the eclectic but systematically solid foundations of Italian private law, which has been able to blend successfully the best of the diverse continental legal traditions and adapt itself to the ever growing pressure of EU legislation. The volume is addressed to legal scholars, practitioners and students who wish to gain first hand knowledge of Italian private law in their research, professional or academic activity.

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. Exploring the eclectic yet systematically solid foundations of Italian private law, which has adapted itself to the ever growing pressure of EU legislation, Alpa and Zenovich look at the legislative system as well as the profound influence of case-law and legal scholarship. It examines: family lawsuccessionlegal personsbusinesses and companiesproperty lawcontract lawtort law. This volume is a key resource for legal scholars, practitioners and students who want to gain a deeper knowledge of Italian private law in their research, professional or academic activity.

Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.