The Italian Law Journal | ItaLJ

The aim of  The Italian Law Journal is to spread the study and to promote the criticism of Italian legal culture, fostering international academic debate among scholars of different traditions, particularly with regard to private law.
The journal focuses on themes of legal theory, European law, comparative and international law, in order to reconsider the constitutional identity of Italian law and its institutions. It aims to disseminate knowledge and enhance awareness of the Italian legal heritage throughout the international community.

Current and past issues are available for free at www.theitalianlawjournal.itItaLJ is also on HeinOnline, the world’s largest legal database containing more than 27 million digital pages.

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News

October 16, 2017

Dear Young Scholars,
The Italian Law Journal is launching the new ‘Constitutional Court Watch’, a section devoted to the promotion and dissemination, on the European and international scene, of some of the most meaningful decisions handed down by the Italian Constitutional Court.
The section will provide reasoned outlines of these judgments.
If you are willing to join our initiative, please submit your application and proposal via e-mail by 23 October 2017, to info@theitalianlawjournal.it, typing ‘CCW’ in the ‘Subject’ box.
You will then receive an e-mail of acceptance, upon which you will be given 30 days to return the completed outline.
Attached herewith are:
a) the list of selected judgments;
b) the .pdf file of the last Constitutional Court Watch published; and
c) a form to be filled out and enclosed with the e-mail containing your proposal.
 
Prof. Paolo Passaglia
Constitutional Court Watch Editor

 

September 21, 2017

Italian Corte di Cassazione 5 July 2017 no 16601
In the current legal system, the purpose of civil liability law is not just to make the victim of a tort whole again, since the functions of deterrence and punishment are also inherent in the system. The American doctrine of punitive damages is therefore not ontologically contrary to the Italian legal system. However, the recognition of a foreign judgment awarding such damages is subject to the condition that the judgment has been rendered in accordance with some legal provisions of the foreign law guaranteeing the standardization of cases in which they may be awarded (tipicità), their predictability, and their outer quantitative limits. The enforcing court must focus solely on the effects of the foreign judgment and on their compatibility with public policy.

 

June 12, 2017


 
We are delighted to announce that submissions are now open for Volume 3, Issue 2 (2017), which is scheduled to be published in December 2017. The issue will host contributions in the area of corporate law and securities regulation in an ad hoc Section coordinated by Prof. Marco Ventoruzzo, entitled ‘Italian Corporate Law in the Context of a Globalized World’. The full details on the Corporate Law Section’s Call for Papers are available here.

We accept submissions through Scholastica and ExpressO, or you can reach out to us directly at info@theitalianlawjournal.it