Eclissi del diritto civile

The book is at the same time an overview of private law following the Courts, national and European, and the attitude by which they interpret and apply the positive law in a system like the Italian one, participating of the so called written law tradition; and a critical appraisal of this law making by the judicature. The general idea underlying the consideration of the role played by the courts is that the breaking in of the Constitution as the basis of juridical system, as well as the European Treaty interpreted by the European Court of Justice represent the way by which private law, initially contained in the Civil code as the source par excellence, has been subject to a dramatic change in which the unitary inspiration characterizing the codes has been substituted not only by the multiplicity of statutes but also by a series of social values directly inserted in the positive law through an interpretation not always conscious of the necessity of coherence and certainty which were the peculiarity of private law in the age of codification. The result is a private law deprived of its genetic virtue, which was that of individual interests committed to private autonomy to which only positive law could refer social limitations.