Private law 3

ART. 18 CONSTITUTION

Citizens have the right to form associations freely and without

authorization for those ends that are not forbidden by criminal

law.

Secret associations and associations that, even indirectly,

pursue political aims by means of organisations having a

military character shall be forbidden.

ARTT. 29 AND 30 CONSTITUTION

Art. 29: The Republic recognises the rights of the

family as a natural society founded on marriage.

Marriage is based on the moral and legal equality of

the spouses within the limits laid down by law to

guarantee the unity of the family.

Art. 30: It is the duty and right of parents to

support, raise and educate their children, even if

born out of wedlock.

In the case of incapacity of the parents, the law

provides for the fulfilment of their duties.

The law ensures such legal and social protection

measures as are compatible with the rights of the

members of the legitimate family to any children born

out of wedlock.

The law shall establish rules and constraints for the

determination of paternity.

ART. 32

CONSTITUTION

The Republic safeguards health as a

fundamental right of the individual

and as a collective interest, and

guarantees free medical care to the

indigent.

No one may be obliged to undergo

any health treatment except under

the provisions of the law. The law

may not under any circumstances

violate the limits imposed by respect

for the human person.

ART. 41

CONSTITUTION

Private economic enterprise is free.

It may not be carried out against the common

good or in such a manner that could damage

safety, THE ENVIRONMENT, liberty and

human dignity.

The law shall provide for appropriate

programmes and controls so that public and

private-sector economic activity may be oriented

and co-ordinated for social AND

ENVIRONMENTAL purposes.

ART. 42 CONSTITUTION

Property is public or private. Economic assets may belong to the State, to public bodies

or to private persons. Private property is recognised and guaranteed by the law,

which prescribes the ways it is acquired, enjoyed and its limitations so as to ensure

its social function and make it accessible to all. In the cases provided for by the law

and with provisions for compensation, private property may be expropriated for reasons

of general interest. The law establishes the regulations and limits of legitimate and

testamentary inheritance and the rights of the State in matters of inheritance.

«RULES»

CHARACTERIZED BY A

«CONDITIONAL»

STRUCTURE

IF «A» THEN «B»

«CONDITIONAL STRUCTURE»

IF «A» THEN «B»

«A»: STATE OF AFFAIRS (AN ACT IS CARRIED OUT,

AN EVENT TAKES PLACE ETC.)

«B»: SANCTION -> OR LEGAL EFFECTS

«GENERALITY»: (rules)

applied to anybody who finds herself

in the «state of affairs» («A»)

«ABSTRACTNESS»: (rules)

applied to whatever event or

conduct matches with the state of affairs

GENERAL CLAUSES and

PRINCIPLES

They do not satisfy a conditional structure

General clauses: e.g. «good faith»: standards of conduct

Principles: e.g. «solidarity», «equality»: general ideas

«GOOD FAITH»

«The expression “good faith and fair dealing” refers to a

standard of conduct characterised by honesty, openness and

consideration for the interests of the other party to the

transaction or relationship in question.

It is, in particular, contrary to good faith and fair dealing for

a party to act inconsistently with that party’s prior statements

or conduct when the other party has reasonably relied on

them to that other party’s detriment».

THE

ITALIAN

CIVIL CODE

March 16, 1942

Approved under the

«fascist» period

It realized the so-called

«unification» of private

law.

Civil code (1865) +

Commercial code (1882)

MARRIAGE

Articles 2 and 29 of

the Constitution

Book I of the Civil

Code

TESTAMENT

Art. 2 and Article 42, last paragraph, of the Italian Constitution («The law establishes the regulations and limits of legitimate and testamentary inheritance and the rights of the State in matters of inheritance»)

Book II of the Civil Code

PROPERTY

Article 42, paragraph 1, of the Italian

Constitution: «Property is public or private. Economic assets may belong to the State, to public bodies or to private persons. Private property is recognised and guaranteed by the law, which prescribes the ways it is acquired, enjoyed and its limitations so as to ensure its social function and make it accessible to all»

Book III of the Civil Code

CONTRACT

Articles 2, 18, 32 etc.

Book IV of the Civil code

COMPANIES AND BUSINESS LAW

Art. 41 Constitution

Book V of the Civil code

CAR

ACCIDENT

Art. 2 and Art. 23 of the Constitution («No obligation of a personal or financial

nature may be imposed on any person except by law») of the Constitution Book VI of the Civil code