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The Italian Legal Tradition





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ISBN 9781138387393
September 29, 2020 Forthcoming by Routledge
281 Pages

 
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Book Description

First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy’s place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.

Table of Contents

1. The Italian Legal Tradition. 2. The Hallmarks of Civil Law Systems. 3. The Sources of Modern Italian Law. 4. The Modern Italian State. 5. The Legislature and the Legislative Process. 6. The Italian Constitution. 7. Civil Justice. 8. The Italian Legal Profession. 9. Criminal Justice. 10. Administrative Justice. 11. The Family and the Law. 12. The Law of Property. 13. The Concept of a Law of Obligations. 14. Contractual Obligations. 15. Delicts or Wrongful Acts. 16. Quasi-Contracts.

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Reviews

’...it gives a good impression of a tradition that is very different from our own...there is much here to whet the appetite...for anyone who is thinking of studying Italian law this would be a helpful book to read.’ The Cambridge Law Journal ’...Watkin’s study of Italy and its legal heritage is thorough, well written and well-organized...should prove a useful adjunct text for comparative law and even legal history courses.’ The American Journal of Legal History ’...the text succeeds in providing a clear and well-written introduction to the basic features of the Italian legal system...the overall quality of the work is high and it is highly recommended.’ International and Comparative Law Quarterly