L’apporto del diritto canonico nella disciplina delle pie volontà fiduciarie testamentarie del diritto inglese

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Abstract

[automatically translated] The interest in the links between canon law and English law arose from the observation of the unwarranted oblivion into which have long fallen studies on relations between the State and the Catholic Church in England before the Anglican reform. The cause of the disaffection towards this field of comparative ecclesiastical law is, perhaps, due to the drastic caesura caused by the Anglican schism, such as to forget that until 1534 the Church of England was an integral part of the Catholic world, with reports and resulting exchanges cultural and legal. To this was added the well-known English pride that purported to draw a clear dividing line, not only geographically, the British Isles and mainland Europe, refusing a priori to recognize the contribution of a confessional law other than the State Church (estabilished) the formation of the Anglo-Saxon legal system and influencing, as a consequence, the Italian comparative doctrine that has substantially conformed to the findings of the British scholars. For the truth in recent years there has been a renewed interest in studies on mutual interference between the ius commune, intended as a compendium of the Roman-canon law, and English law in medieval times. These studies have shown a greater openness and willingness to admit the undeniable contribution of the common law to the formation not only of individual institutions that characterize today's Anglo-Saxon law, but the overall British legal system. However, even the new doctrinal reflections have the distinction of having been made by legal historians and then with a comparative methodology as it were static and temporally localized consequently narrowing the field of investigation to the only existing influence between the common law, canon species, and the equitable justice system in England taken in the various historical periods, from time to time, into account. Conversely it seemed interesting to investigate, in ecclesiasticista perspective, the relationship between canon and common law rights, so as to highlight the amazing existing mirroring between the continental canon law developments, especially in the field of aequitas, and coeval changes within is for the English legal . The purpose of this study is to try to give a different interpretation of some developments of Anglo-Saxon law, looking at the historical British legal events with the "glasses" of the canonist. The reader will notice that some of the conclusions contained in this study are based in part on evidence and much more on logical deductions, but are conducted by taking a cue from precise historical facts. Such integration is made necessary by the lack of state an adequate amount of material available, mainly caused by the fact that the archives of the English medieval ecclesiastical courts have come to our days incomplete and fragmentary. This paper aims, however, urge greater attention to a sector of canon and ecclesiastical law which compared poorly explored by the Italian doctrine, and that seemed to be able to provide on developments in lighting traces of some institutions and therefore lead to a more complete understanding of the present meaning. The research is also justified by the role played in very recent times under the Italian legislation to be drawn from the common law institutions because of the attempt, still in progress, to create a Common European Sales Law (UNIDROIT cd). The harmonization of European law, as it is known, has encountered many limitations and mistrust due in large part to the alleged ontological differenc
Original languageItalian
PublisherGiuffrè
Number of pages217
ISBN (Print)88-14-14205-X
Publication statusPublished - 2008

Publication series

NameUniversità di Palermo. Facoltà di Giurisprudenza

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