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 the influence of the jurisprudence of the European Court of Human Rights and the attempt to empty public order (ordre public) as a threshold to the introduction of foreign rules and institutions are deepened. It relates the particular problems within 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, <<EUROPA E DIRITTO PRIVATO>>, 2019; (3): 713-780 [http://hdl.handle.net/10807/144645]
Famiglia e biodiritto civile
Nicolussi, Andrea
2019
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 the influence of the jurisprudence of the European Court of Human Rights and the attempt to empty public order (ordre public) as a threshold to the introduction of foreign rules and institutions are deepened. It relates the particular problems within 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.
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
