STUDENT: Tommolini Francesca PROFESSOR: Monika Drela CIVIL LAW Summer Semester 2015/2016 STUDENT: Tommolini Francesca PROFESSOR: Monika Drela CIVIL LAW Summer Semester 2015/2016

What is the Italian Civil Code The Italian Civil Code of 1942 is an organic body of civil law and civil procedural rules of general relief (eg. Book VI - Title IV) and incriminating norms (eg. Book V - Title XI). Issued by Royal Decree-Law 16 March 1942 n. 262, on "Approval of the text of the Civil Code.", together with the special laws, constitutes one of the sources of Italian civil law, as still existing in the current Italian Republic.

CIVIL LAW System Civil law is a legal system originating in Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions. Civil law and Common law countries

The codification of modern civil law in Italy has been influenced by : The Roman Law: from the date of the foundation of Rome (753 B.C.) until the end of the Empire of Justinian (565 A.D.) The Roman Law: from the date of the foundation of Rome (753 B.C.) until the end of the Empire of Justinian (565 A.D.) The French Codification: in the years of Napoleonic rule in Italy, it was in force a civil code that was the Italian translation of the code Napoléon The French Codification: in the years of Napoleonic rule in Italy, it was in force a civil code that was the Italian translation of the code Napoléon The Bürgerliches Gesetzbuch (or BGB): it is the civil code of Germany. In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project. The BGB served as a template for the regulations of several other civil law jurisdictions The Bürgerliches Gesetzbuch (or BGB): it is the civil code of Germany. In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project. The BGB served as a template for the regulations of several other civil law jurisdictions

The Roman Law is the legal system of ancient Rome, including Roman Military Jurisdiction and the legal developments spanning over a thousand years of jurisprudence, from the 12 Tables (c. 449 BC), to the Corpus Juris Civilis (AD 529) ordered by Eastern Roman Emperor Justinian I. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in legal systems influenced by it. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. "Roman law" also denotes the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806).

The Roman Law and the Corpus Juris Civilis The Corpus Juris Civilis ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I. The work as planned had three parts: -the Code (Codex) is a compilation, by selection and extraction, of imperial enactments to date; -the Digest or Pandects (the Latin title contains both Digesta and Pandectae) is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists; -the Institutes (Institutiones) is a student textbook, mainly introducing the Code, although it has important conceptual elements that are less developed in the Code or the Digest. Nonetheless, Justinian found himself having to enact further laws and today these are counted as a fourth part of the Corpus, the Novellae Constitutiones (literally New Laws).

The French Codification and the Napoleonic Code The Code Napoléon, or Code civil des Français, is the French civil code established under Napoléon I in The Napoleonic Code was not the first legal code to be established in a European country with a civil legal system, however, it was the first modern legal code to be adopted with a pan-European scope, and it strongly influenced the law of many of the countries formed during and after the Napoleonic Wars. The categories of the Napoleonic Code were not drawn from earlier French laws, but instead from Justinian's sixth-century codification of Roman law, the Corpus Juris Civilis and, within it, the Institutes. The Institutes divide law into the law of: - persons - things - actions. Similarly, the Napoleonic Code divided law into law of: - persons - property - acquisition of property - civil procedure (removed into a separate code in 1806).

The Code civil des français forms the basis of the Italian Civil Code of 1865 (Pisanelli’s Code, Italian Minister of Justice): indeed, a part of the doctrine at that time was favourable to the implementation of the code Napoléon in a direct way as Italian civil code. (known slogan of Giuseppe Montanelli: "Long live the Kingdom of Italy! Long live Victor Emmanuel King of Italy! Long live the code Napoleon!"). Giuseppe Pisanelli

Before the Pisanelli’s Code there was the Civil Code Albertino, issued by Carlo Alberto. The unified version of the civil code was drafted in the years following the unification of Italy based on the Carlo Alberto code and entered into force in This, too, contained a similar legislation to Napoléon code and it was divided into three books, titled: -"Persons" -"Of the goods, the property and its modifications" -"Of the ways of acquiring and transmitting property and other rights over things".

The Civil Code of 1942 and the BGB The Civil Code in force in Italy, which replaced the one of 1865, is the Code enacted in 1942 and differs from the traditional model of the French and Italian nineteenth century. It reflects not only of this tradition, even the influence of another civil code model, more recently, that has had an extraordinary importance for the evolution of the Italian legal science of the first half of the nineteenth century : it is the Bürgerliches Gesetzbuch of The Civil Code of 1942, unlike those in Europe contemporary, contains both the discipline of civil law than that of commercial law, previously dictated in separate codes.

The Bürgerliches Gesetzbuch The Bürgerliches Gesetzbuch The BGB follows a modified pandectist structure, derived from Roman law: like other Roman-influenced codes, it regulates the law of persons, property, family and inheritance, but unlike e.g. the French Code civil or the Austrian Civil Code, a chapter containing generally applicable regulations is placed first. Consequently, the BGB contains five main parts ("books"): - the General Part ("Allgemeiner Teil"), sections 1 through the Law of Obligations ("Recht der Schuldverhältnisse"), sections 241 through the Property Law ("Sachenrecht"), sections 854 through the Family Law ("Familienrecht"), sections 1297 through the Succession Law ("Erbrecht

The Italian Civil Code The Code consists of 2969 articles. These articles are prefaced with 31 articles, many of which now repealed, those provisions on the law in general. The current Civil Code regulates both the matter of private law than that of commercial law: the latter, in the past, was contained in the Commercial Code enacted in 1865.

Provisions on the law in general The provisions on the law in general have also called Preliminary Provisions to the Civil Code or ‘preleggi’. They represent an introduction to the Civil Code. Nevertheless not only apply to the civil law, but are also applicable in the other branches of private law and public law. They contain rules on: the sources of law and their hierarchy (Article 1 Article 9); the sources of law and their hierarchy (Article 1 Article 9); the application of the law in general, or provisions on the entry into force of the rules and their interpretation, their repeal and application of the rules in time and space (Article 10 to Article 31). the application of the law in general, or provisions on the entry into force of the rules and their interpretation, their repeal and application of the rules in time and space (Article 10 to Article 31).

Structure of the Italian Civil Code Everyone knows that the code is divided into articles, from 1 to 2969 in the Italian case, and this is the common parameter reference, but in fact the structure of the civil code is more complex, because the code is divided into books, each book is divided into titles, and each title is divided into chapters and the heads are divided into sections, and possibly each section into paragraphs. BOOK TITLE CHAPTER ARTICLE SECTION

Books and matters Books and matters It is divided into six books: Book I - Of the Persons and Family, Artt Book I - Of the Persons and Family, Artt Book II - Of Succession, Artt Book II - Of Succession, Artt Book III - On Property, Artt Book III - On Property, Artt Book IV - Of the Obligations, Artt Book IV - Of the Obligations, Artt Book V - Work, artt Book V - Work, artt Book VI - Of the Protection of Rights, Art Book VI - Of the Protection of Rights, Art