Italy: Foundations in Italy: from the Civil Code to operational models

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

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Impact of CISG"s contract avoidance paradigm under the revised Japanese Civil Code

Dong-A Journal of International Business Transactions Law ◽

10.31839/ibt.2020.07.30.131 ◽

2020 ◽

Vol 30 ◽

pp. 131-177

Author(s):

MINUI GWAK

Keyword(s):

Civil Code ◽

Avoidance Paradigm

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Introductory Study on the Draft of the China’s Civil Code, Marriage and Family(Part 4) and Succession(Part 5)(2018)

The Korean Society Of Family Law ◽

10.31998/ksfl.2019.33.1.325 ◽

2019 ◽

Vol 33 (1) ◽

pp. 325-366

Author(s):

Seongsoo Kim

Keyword(s):

Civil Code ◽

Marriage And Family

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Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

RUSSIAN JUSTICE ◽

10.37399/issn2072-909x.2020.5.34-40 ◽

2020 ◽

Vol 5 ◽

pp. 34-40

Author(s):

N. V. Buzova ◽

◽

R. L. Lukyanov ◽

Keyword(s):

Russian Federation ◽

Research Method ◽

Comparative Law ◽

Civil Code ◽

Judicial Practice ◽

Legal Remedy ◽

Legal Nature ◽

The Russian Federation ◽

Judicial Protection ◽

Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

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