Copertina: Introduction to Private Law-

Scheda completa

  • Sirena P.

Introduction to Private Law

  • 2019
  • Mulino
Isbn edizione digitale: 9788815350848
Isbn edizione a stampa: 9788815272386

Presentazione

The book strives to provide a historical, comparative, and multidisciplinary introduction to the study of private law. Against the backdrop of the predominant position enjoyed by legal positivism, private law is thus understood as a complex social phenomenon, which interacts with human culture as a whole. The national jurisdictions belonging to the Western legal tradition are mainly depicted, as well as the supranational trends that point towards a global law. Particularly, the rise of a European law is accounted for not only within the framework of the Union’s legislature, but also through the development of a rediscovered ius commune that emerges from comparative studies conducted by scholars and from the creative attitude of the courts. A special attention is paid to the sources of uniform law and to the development of soft law as a means of integration of legal systems. Traditional doctrines of juridical facts and duties are finally reinterpreted as devices designed to construct a jurisprudence that extends beyond national borders.

Table of contents

Foreword - I. Law and society. - II. The Western legal tradition. - III. Law and the state. - IV. Civil law and common law jurisdictions. - V. Law and justice. - VI. Rules, principles, legal systems. - VII. European law. - VIII. Private law and its sources. - IX. Legal concepts and legal studies. - X. Juridical facts and juridical acts. - XI. Rights and duties. - Bibliography.

Authors

Pietro Sirena is professor of Civil Law, European Private Law and Comparative Law at Bocconi University, Milan. He is membre associé of the Académie Internationale de Droit Comparé (AIDC) and fellow of the European Law Institute (ELI). He is member of the board of the Society of European Contract Law (SECOLA) and research director of the Società Italiana per la Ricerca nel Diritto comparato (SIRD).

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