Law of Italy
The right of Italy is the sum judicially enforceable social norms in Italy.
- 3.1 Constitutional Law
- 3.2 Tax Law
Legal History
Right Historically, the rediscovery of the Roman Corpus Iuris Civilis in the 12th century is regarded as superior performance of the Italian jurisprudence. As scientific centers this time of Pavia and Bologna apply. In Pavia was taught already in 1050 the Lombard law on the basis of the Liber Papiensis. At the same time came a little later in Bologna a law school that prepared based on the Institutiones Iustiniani and the Codex Justinian under Master Pepo on a civil service career. The systematic treatment on the basis of scholastic method and the doctrine of the rediscovered Digest by Irnerius made this one of the more powerful lawyers of all time. The spread of the doctrine of Irnerius ' by the Quatuor doctores Bulgarus, Martinus, Jacobus and Hugo made from the 1230s years Bologno to the center of European Law; times studied up to 1000 foreigners in Bologna and spread the teaching of the law school of Bologna throughout Europe. The third generation of glossators form Johannes Bassianus, Azo and Accursius, which the previous edge of the Corpus iuris Civilis commentary - called glosses - to Glossa ordinaria summarized. Even the medieval feudal law turned 1150-1250 academic Aufmerksamtkeit to: Results of this work were the Libri Feudorum that have been explored, especially in Naples by Carolus de Tocco and Matthew de Afflictis.
On Accursius and glossators followed in Bologna commentators. Your explanations of the Corpus iuris made no longer glosses on the edges of the original text, but in the form of continuous text. The most important commentators Cinus da Pistoia, and Baldus de Bartolo da Sassoferrato Ubaldis. The commentators also authored numerous published legal opinions, so-called Consilia, why is refered as Konsiliatoren in the literature.
In addition to the Roman law numerous municipal laws ( statutes ) and unwritten rules of law existed ( consuetudines ) that were better adapted to the commerce of the northern Italian cities as Roman law. Roman law was regarded as ius commune here, is subsidiary. The earliest statute originated in the 10th century in Genoa, 1160 Constitutum the usus of Pisa, 1216 Consuetudines in Milan, 1242, the laws of the Doge Tiepolo in 1546 and the municipal law of Naples. The city charter was generally interpreted strictly, so that the Roman law nevertheless played an important role. An important contribution of the commentators in the history of private international law was the development of conflict of laws of the statutes: the close economic ties between the northern Italian cities needed a solution in the collision of various city rights. Therefore, the commentators shared the city rights in different classes, which were applied in each case for a given subject: The Statuta personalia for the personal law, the Statuta personalia for immovable property and the Statuta mixta for contract and tort.
The right teaching of the Bolognese school spread first in Italy (Modena 1175, Padua 1222, Naples 1224 ) and soon throughout Europe (Salamanca 1239, Paris 1200, Oxford 1170, Prague 1348, Vienna 1365, Heidelberg 1386, Cologne 1388 and Erfurt 1392 ). This distribution of the mos italicus is meant by the term reception of Roman law.
During the period of humanism waned the scientific influence of Italy and the focus of humanist jurisprudence shifted to Bourges in France (known as mos gallicus ). In Italy, the legal literature shifted to the discussion of the practice: in large monographs court decisions of the Superior Courts ( Decisiones ) and reports were ( consilia ) collected, discussed and systematized. Under the influence of Giovanni Battista de Luca ( Il dottor volgare, 1673 ) sat down not only in Italy, the national language as the language of law against the Latin by.
While the leadership of Italy in the jurisprudence of France and later lost to Germany went to Italy but was able to maintain in commercial law: As the founder of modern commercial law Benvenuto Stracca ( Tractatus de mercatura et de Mercatore, 1553) and Sigismondo Scaccia. Other important contributions come from Raffaele della Torre, alternating right and Giuseppe Lorenzo Maria Casaregi in maritime law. The criminal jurisprudence began to emancipate themselves and learned Europe pulses by Julius Clarus, Tiberio Deciani and Prospero Farinacci ( practice et theorica criminalis ). In contrast, permanent public law overall still a shadowy existence; but advanced Niccolò Machiavelli ( Il Principe ) and Giovanni Botero ( Della ragione di stato ) the foundations of the modern theory of the state.
In the 17th and 18th centuries came the Enlightenment and natural law in the place of humanism. Centers of natural law movement were mainly the Netherlands and Germany. Italy was limited to reception and critique of these theories. The spiritual position in the stream of the Counter-Reformation, prevented, however, that the theories of Grotius, Pufendorf, Thomasius ' and Wolff could gain a foothold in Italy.
From the age of humanism legislation across Europe took an increasingly larger space. Examples of this are in Italy Nouve Costitzioni del Dominio di Milan ( 1541) under Charles V or Nouvi Ordini ( 1561) in Piedmont. The law also addressed with these territorially limited standards and thus put the beginning of the nationalization of law in transition. Even before the French codification efforts were made to summarize the growing number of territorial law, such as the Codice Estense (1771 ) and the Venetian Criminal Law of 1751 show. From the introduction of the Cinque codes in France, they were soon adopted in numerous Italian States: the Civil Code 1804 in Piedmont, 1805 in Parma, 1806 in the Kingdom of Italy, in Tuscany in 1808 and 1809 in Rome and Naples. The Criminal Code occurred in 1810 in the Kingdom of Italy and Naples in force. In all states of the Code de Procédure Civil and Commercial Code were considered. The validity of these laws, however, was short-lived: soon after the end of Napoleon's reign they were replaced by own laws and codification, but in which the French model was clearly visible.
Until entry into force of the Civil Code in 1866, the regional civil codes remained in force. The Civil Code was secular - liberal character, such as the introduction of compulsory civil marriage shows. As the largely developed by Giuseppe Martinelli Pisa Italian Civil Code were also other reforms that time under French influence: A (1882 already has separated ) Commercial Code, a Codice di procedura Code, a Code of Criminal Procedure and the Courts Act. A little later came a penal code in 1889, following preparatory work by Enrico Pessina. The jurisprudence of the 19th century was very innovative in Italy and was in the first half under French influence, in the second half under the influence of German Pandektenwissenschaft in the tradition of Friedrich Carl von Savigny. As important representatives of civil law are particularly Frederico de Paolo Sclopis Salerano, Carlo Fadda and Vittorio Scialoja, the Savigny's system translated into Italian ( Sistema di diritto Romano attuale, 1886-1898 ). The foundations of modern process jurisprudence in Italy Pisa laid Giuseppe Martinelli, Pasquale Stanislao Mancini and Antonio Scialoja ( Commentario al Codice di Procedura Civile degli Stati Sardi ). Ludovico Barassi is widely regarded as the father of the Italian labor law. In the area of criminal law are Arturo Rocco and Vincenzo Manzini to call in the area of public law Gian Domenico Romagnosi, Santi Romano, Vitorio Emanuele Orlando and Costantino Mortati. In terms of methodology, are in the time of the Kingdom of the origins of modern comparative law (especially in Emerico Amari ) and the anthropolischen Criminal Science (with Cesare Lombroso ).
Leading Italian legal scholars welcomed the anti-liberal and anti-capitalist Italian fascism. The new corporatism was reflected in the Charter of the work of 1927. 1942 occurred after preliminary Vittorio Scialoja a new version of the Civil Code in force, who is also the commercial and corporate law, and in addition also included labor after the Swiss model. Ideologically achieved by switching Emilio Bettis a compromise between fascist- corporatist reform and purely technical revision. Also in 1942 the new Civil Procedure came into force, which was based on the work of Giuseppe Chiovendas, Piero Calamandreis, Enrico Redentis and Antonio segnis.
1948, a new constitution replaced the ( never formally repealed ) Constitution of the Kingdom of Italy. According to this constitution Italy is a " Repubblica democratica Fondata sul lavoro ". Private law was not unaffected by this Constitution: 1975 reformed to the family and inheritance law of the Civil Code in accordance with the requirements of the new Constitution, eliminating unequal treatment of spouses and illegitimate children. The possibility of divorce existed since 1970. The importance of codification as a whole declined. Numerous individual laws were placed at their side. Natalino Irti called the Decodificazione. The reasons for this lie in the growing influence of philosophical and sociological currents to the right in the wake of Norberto Bobbio.