Brevi note su alcune esperienze di trapianti giuridici in Europa

Risultato della ricerca: Articlepeer review

Abstract

The research aims to explain and illustrate the legal transplants theory, createdby the well-known Scottish jurist Alan Watson, and tries to discover thefoundation of its legitimacy in relation with some common law rules.In fact some relevant private law rules, which have been transplanted inmore legal systems, will be examined so to underline the different impact ofthe same rule in different contexts for the deep influence of social, cultural andpolitical factors on the legal principles.Specifically the different impact on legal systems of a particular civil action,the class action, born in Usa and circulated both in civil and in common lawcountries, will be examined. In the same perspective the possibility to introducepunitive damages rules in civil law systems will be examined.Conclusively, the differences existing between civil and common law systemsin these disciplines will be analyzed exploring the possibility to extendand adapt the American rules to European civil law systems. In the end, it isunderlined that Watson’s thought is still valid and possesses to a great extentan explanatory attitude as far as the circulation of legal models is concerned.Notwithstanding it has to be taken into account that different conditions existin the foreign legal system as opposed to those of the other legal system whichhas adopted the solution to be transplanted.
Lingua originaleItalian
pagine (da-a)473-511
Numero di pagine39
RivistaANNUARIO DI DIRITTO COMPARATO E DI STUDI LEGISLATIVI
Volume7
Stato di pubblicazionePublished - 2016

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