Guido Alpa – författare

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:

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.

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:

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.

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.

This volume provides essays on fundamental rights, on European and Italian contract law, and on the lawyer’s role in contemporary society being the result of research carried out from a lawyer’s perspective in recent years. As fundamental rights are the same principles upon which rests the entire EU law, encoded in many written national constitutions or statute laws, they pervade all legal relations, including relations governed by private law. Furthermore, they invest the contract law as well, i.e. the ancient realm of freedom, particularly freedom of contract, involving jurists of every profession: the legislator, judges, lawyers and academic professors.

The term solidarity has acquired a commendable meaning of mutual responsibility, yet remains suspect because it has been invoked in too broad a spectrum of cultural contexts, ranging from fascist ideology to human rights. This essential book shows how solidarity may be – should be – conceived as a normative principle with pressing legal content, instrumental to the realisation of the social ends of today’s democratic polities.

 The author, for the first time in such depth, documents the interweaving of legal norms with social ideas and values, focusing on the use of the principle of solidarity in the European Union’s bodies and in its Member States. There are detailed examinations of how the principle appears in such realms as the following:

 national constitutions;

welfare systems;

regulation of contracts;

social effects of legal rules;

women’s rights;

the social market economy;

the social doctrine of the Catholic Church;

affirmation of corporate social responsibility; and

sustainability and corporate governance.

 The author describes how each context contributes to a meaningful elaboration of the concept of solidarity, thus synthesising and extending prior work on the subject.

 Following Kant’s dictum that the solidarity of mankind is a ‘to be or not to be; a matter of life or death’, in today''s difficult and calamitous times it is appropriate to rethink the principle of solidarity as the reason for living, living fully and not just surviving, in a social agglomeration we call a community. Decoding solidarity, in order to fully understand its potentialities, misrepresentations, and mystifications has therefore become a task entrusted to jurists. For this reason, this matchless book will prove invaluable for lawyers, judges, and policymakers, all of whose professions demand authoritative knowledge of the legal relations among individuals and among legal entities.