The essay deals with the recent challenges of family law following the questions posed by biotechnology and which are summarized in the bio-law. Among these issues, the comparison between the naturalistic paradigm and the voluntary paradigm in the context of filiation and the extension of regulatory competition to family law and the vainness of public order as a threshold to the introduction of foreign rules and institutions are deepened. It relates the particular problems with the general framework of methodological questions arising in contemporary law. It also examines the double track between legislation and jurisprudence in the recent evolution of Italian law.
Nicolussi, A., Famiglia e biodiritto civile, Le parole del diritto. Scritti in onore di Carlo Castronovo, Jovene, Napoli 2018: 725-772 [http://hdl.handle.net/10807/132504]
Famiglia e biodiritto civile
Nicolussi, Andrea
2018
Abstract
The essay deals with the recent challenges of family law following the questions posed by biotechnology and which are summarized in the bio-law. Among these issues, the comparison between the naturalistic paradigm and the voluntary paradigm in the context of filiation and the extension of regulatory competition to family law and the vainness of public order as a threshold to the introduction of foreign rules and institutions are deepened. It relates the particular problems with the general framework of methodological questions arising in contemporary law. It also examines the double track between legislation and jurisprudence in the recent evolution of Italian law.
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