Italian Civil Code and the European Codification This writing deals with the relation between a true code like the Italian one of 1942 and a possible code of European private law as the wishful thinking which flies throughout Europe at least since the eighties of last century. The historical identification of the idea of nation with that of code makes this one unfit for the nowadays Europe. On the other hand it is impossible to reduce to the unity, as a traditional code tries to do, the European legislation which exists only in part, since it is partial and occasional. Though it has become more and more numerous, so that what already exists necessitates to be put in order. From this aim takes sense what can be said the actual meaning of codification in Europe, whose changing from the original one does not diminish the importance, rather the necessity of it. The recent Proposal for a Regulation on a common European law of sales misinterprets this even reduced scope of the category “code”.

Castronovo, C., Codice civile e diritto europeo, <<EUROPA E DIRITTO PRIVATO>>, 2012; 2012 (3): 687-705 [http://hdl.handle.net/10807/46831]

Codice civile e diritto europeo

Castronovo, Carlo
2012

Abstract

Italian Civil Code and the European Codification This writing deals with the relation between a true code like the Italian one of 1942 and a possible code of European private law as the wishful thinking which flies throughout Europe at least since the eighties of last century. The historical identification of the idea of nation with that of code makes this one unfit for the nowadays Europe. On the other hand it is impossible to reduce to the unity, as a traditional code tries to do, the European legislation which exists only in part, since it is partial and occasional. Though it has become more and more numerous, so that what already exists necessitates to be put in order. From this aim takes sense what can be said the actual meaning of codification in Europe, whose changing from the original one does not diminish the importance, rather the necessity of it. The recent Proposal for a Regulation on a common European law of sales misinterprets this even reduced scope of the category “code”.
Italiano
Castronovo, C., Codice civile e diritto europeo, <<EUROPA E DIRITTO PRIVATO>>, 2012; 2012 (3): 687-705 [http://hdl.handle.net/10807/46831]
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/10807/46831
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