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Journal articles on the topic 'Italian civil code'

Author: Grafiati
Published: 4 June 2021
Last updated: 11 March 2023

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1

Golecki, Mariusz Jerzy. "The limits of the consensual principle and the structure of a contract of obligation in Italian civil law." Nieruchomości@ Specjalne, no. V (December 15, 2021): 295–309. http://dx.doi.org/10.5604/01.3001.0015.5837.

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The Italian legal system belongs to the so-called Roman family law. However the distinction between a contract and an agreement, famously applied in French civil law, has not been adopted by Italian legal system. The peculiar features of the concept of contract adopted under Italian law pertain to the fact that, without borrowing from the French Civil Code, nor from the German Civil Code, the Italian definition of contract expressed in art. 1321 of the Italian Civil Code has plain and concise textual meaning, specifying both the nature and legal consequences of contract making. The Italian Civil Code generally identifies a contract with an agreement of the parties concluded for the so called legal cause of the contract understood as the economic and social function of the contract. The regulation concerning concluding and enforcing contracts in accordance with art. 1324 of the Italian Civil Code have been extended to other legal actc, in particular unilateral ones, provided that they are inter vivos and the terms of contract pertain to obligatory or proprietary relations. The paper focuses on the limits of the principle of contractual consent in Italian law. The principle generally refers to the agreement as the general underlying legal condition for validity of any contract. The principle has a significant impact on the legal effects of a potential ex post collapse of the contract due to its’ invalidity in case of the transfer of ownership concerning both personal property rights and immovable property rights.
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2

Pupe, Ervin, Enkelejda Koka, Carlo Venditti, Raffaele Picaro, Rea Ajazi, and Denard Veshi. "Similarities and Differences Between the Albanian and Italian Succession Law." International and Comparative Law Review 21, no. 2 (December 1, 2021): 212–29. http://dx.doi.org/10.2478/iclr-2021-0019.

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Summary In 1994, Albania codified the current civil code, harmonizing the national legislation with the democratic values of the Western European Countries. This paper fills the gap in the national and international scientific literature since there is no scientific contribution that examines the Albanian law of succession showing the similarities and differences between the Albanian and the Italian civil codes. This is fundamental because according to Article 33 Albanian Private International Law (Albanian Law no. 10 428 of June 2011), which governs cross-border succession law, in the case of immovable goods, the rule of lex rei sitae has been codified. Thus, in the case of immovable goods, the Albanian succession law will be applied to them. In the conclusion, this research demonstrates that the Albanian Law of Succession of 1994 is different in many ways from the rules established in the Italian Civil Code of 1942.
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3

Bussani, Mauro. "Le droit civil des sûretés réelles. Le modèle Italien des sûretés." European Review of Private Law 6, Issue 1 (March 1, 1998): 23–50. http://dx.doi.org/10.54648/199040.

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This essay examines the Italian law of real security. The Introduction, §§ 1-2.1, focuses on the general features of the peninsular model, i.e.: legislative continuity with the past, passiveness of judges and (most) scholars to the letter of the code and statute provisions. Then the author highlights the main issues that are now raised by the needs of an increasingly large community of lenders and borrowers. The article therefore takes into consideration, first, the challenges to the 'traditional', or code-centered, institutions providing security. In this context particular attention is paid to the demand for non-possessory securities over movables, §§ 3-3.3; the functioning of a conventional floating lien, § 4; and the still limited (and inefficient) autonomy vested in the mortgagee by the code provisions, mainly as far as the transfer of the title is concerned, §§ 5-5.2. Moving to the real security devices which are not regulated by the code and/or other statutory provisions, the essay examines how far ownership by the lessor, in a financial lease agreement, can currently be relied on as a form of security, § 6; and the efforts of Italian judges and scholars to ban any transfer of ownership when this is to be construed as a security device, § 7 - an approach that the author also examines from the context of the problems arising from the Italian ratification of The Hague Convention on Trusts, § 7.1. The final paragraph is devoted to the analysis of the exploitation of 'new properties' as possible objects of real security.
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4

Tomasevicius, E. "SĄŽININGUMAS BRAZILIJOS CIVILINIAME KODEKSE: PO DEŠIMTIES METŲ." Teisė 88 (January 1, 2013): 211–21. http://dx.doi.org/10.15388/teise.2013.0.1604.

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The general clause of good faith was one of the innovations of the Brazilian Civil Code, enacted in 2002. It came into force in January 2003, in order to widespread ethics in private affairs. Indeed, good faith was applied in specific cases, such as the “theory of appearance” or the requirement of utmost good faith in insurance contracts. But in the Civil Code of 2002, heavily influenced by German, Italian and Portuguese codes, good faith is applied to provide operability, ethicity and sociality in private relations as well as in the enforcement of private law by courts. In this sense, good faith has been used to impose duties of consistency, information and cooperation between the parties of a transaction. The aim of this paper was to introduce an overview of good faith, its consecration in the Brazilian Civil Code and then to analyze its application in Brazilian Courts in the last ten years.
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5

Vicente, Lécia. "Un-consented Transfers of Shares: A Comparative Perspective." European Company Law 9, Issue 6 (January 21, 2012): 300–304. http://dx.doi.org/10.54648/eucl2012050.

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Both Portuguese Commercial Companies Code and the Italian Civil Code provide default rules for the transfer of shares in the Portuguese sociedade por quotas and the Italian società a responsabilità limitata, respectively. The Portuguese rule Article 228(2) establishes as a restriction on transfers the requirement of consent of the company to those transfers, whilst the Italian rule Article 2469 makes shares freely transferable. An analysis of articles of association of both Italian and Portuguese companies suggests that shareholders often introduce restrictions on transfers of shares. However, a sample of disputes over un-consented transfers in Portuguese and Italian courts shows that shareholders frequently do not abide by these rules they themselves have created and that they frequently ignore the default rules they have not opted out from.
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6

Garbarino, P., and D. O. Tuzov. "A Truly ‘Roman’ Civil Code (Foreword to the Translation and Commentary on Title I Book IV of the Italian Civil Code)." Herald of Economic Justice 16, no. 1 (2021): 114–28. http://dx.doi.org/10.37239/2500-2643-2021-16-1-114-128.

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7

Velicu, Dan. "A Brief Assessment of the Main Commercial Contracts under the New Romanian Civil Code." International and Comparative Law Review 20, no. 2 (December 1, 2020): 274–89. http://dx.doi.org/10.2478/iclr-2020-0029.

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Summary From 2011 Romania has a new Civil Code. Although the government’s initiative was to unify the private law according to the model of the Italian Civil Code of 1942 by repealing the Commercial Code of 1887, the new Civil Code only succeeded in putting together civil rules and commercial rules, the latter being relocated from the former Commercial Code. Obviously, an exhaustive analysis of the new Civil Code is impossible in the frame of a short article. That’s why the author of this study tries to evaluate the new Civil Code regulation by focusing on the main commercial contracts. Some general civil rules that are traditionally applied for centuries in most of the European continental legal systems (e.g. ownership concept, warranty for defects, the buyer’s duty to pay the price etc) will be premeditatedly neglected or just shortly approached. The commercial contracts are very important in the field of the international commercial relations – even between the borders of the European Union –, when in many cases the parties agree that the national law will govern the contract. The goal of the study is to offer a brief commentary on the new institutions together with a comparative presentation of the general regulation of the main commercial agreements.
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8

Buzzichelli, Francesca, and Roberto Di Pietra. "Risk profile disclosure requirements for Italian insurance companies: Differences in the financial statement preparation." FINANCIAL REPORTING, no. 1 (July 2013): 43–79. http://dx.doi.org/10.3280/fr2013-001004.

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The content of the annual report of insurance undertakings is regulated by art. 2428 of Italian Civil Code, as well as by the Insurance Code and specific Italian Insurance Supervisor's regulations. The paper compare the existing legislations, providing an overview of the different requirements, with particular attention to the risk profile disclosure. Moreover, the paper analyzes a significant sample of Italian insurance groups annual reports (from 2007 to 2009 financial year), using content analysis, in order to highlight the level of compliance with the existing rules and the level of preparedness for the upcoming Directive 2009/138/EC requirements (Solvency II Directive), which will come into force starting from 2012 financial year.
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9

Gjeta, Arber, and Juliana Bylykbashi. "The Transport Contract in Albanian Civil Code: A Systemic Analysis." Mediterranean Journal of Social Sciences 11, no. 1 (January 10, 2020): 83. http://dx.doi.org/10.36941/mjss-2020-0009.

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The transport legislation in Albania has a character of specialty. Through this paper we aim to offer an analysis of the Albanian legal provisions on transport contract according to the Civil Code. This study will deal with the contract of transport of goods. The analysis of the contract will be in a historical, empiric and doctrinal point of view on the regulation offered by the Civil Code and the similarities to the Italian Civil Code. The actual regulation of the contract of transport in Albania is relatively new and there are only a few claims brought into courts that make very difficult a deep analysis of the implementation the legislation. The lack of causes brought into courts mainly has to be recognized to the arbitration clauses in favor of foreign arbitrators as for the transport of goods by sea or the solution on transaction basis as well as, regarding Civil Code provisions, the camouflage of the contract of transport with other types of contracts.
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10

Villante, Vincenzo. "Italian Criminal Law and Customs Law Violations: A Brief Overview." Global Trade and Customs Journal 8, Issue 6 (June 1, 2013): 173–78. http://dx.doi.org/10.54648/gtcj2013023.

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Since 1992, by the entry into force of the Community Customs Code (hereinafter 'CCC'), a single customs code has been applicable throughout each of the Member States of the European Union (EU). It is well known that such customs code does cover most of customs issues but not all. In particular, it does not cover the penalty system, which relates to customs regimes. This is true both concerning administrative law/civil penalties as well as criminal law ones. The EU Member States sovereignty to implement the penalty system which they consider most effective of course has brought a quite diverse approach from Member State to Member State. In case of severe customs law violations, many EU Member States do provide for criminal prosecution along with administrative law or civil law fines and penalties. This article briefly describes the main features of the Italian criminal law system related to customs matters. It explains that the Public Prosecutor and the Customs Agency often do not coordinate, and there is uncertainty and unpredictability across the whole system. Therefore, companies face difficulties planning a proper and sound compliance mechanism.
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11

Iervolino, Iunio, Andrea Spillatura, and Paolo Bazzurro. "Seismic Reliability of Code-Conforming Italian Buildings." Journal of Earthquake Engineering 22, sup2 (November 2, 2018): 5–27. http://dx.doi.org/10.1080/13632469.2018.1540372.

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12

Baldissera, Annalisa. "Goodwill Amortization in the Italian Civil Code: Estimation Poblems and a Methodological Proposal." European Scientific Journal, ESJ 18, no. 39 (December 31, 2022): 1. http://dx.doi.org/10.19044/esj.2022.v18n39p1.

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In regulating the financial statements, the amortization of goodwill represents a complex problem that requires a careful assessment of the economic conditions of the firm and their foreseeable evolution. This study aimed to analyze the topic with specific regard to the Italian context, in order to identify the parameters useful for guiding the amortization processes, in compliance with the limits set by the legislation on financial statements. To this end, the study used a methodology based on the legal-economic analysis of the evolution of Italian legislation from 1882 to today and its effects on the economic valuations implied by amortization. The results show that the accounting for goodwill has changed over time, being characterized in the first phase by the prevalence of conservative accounting and by the consequent need to amortize goodwill in the shortest possible time. Subsequently, the accrual basis prevailed over conservatism, and today the basic rule is represented by the useful life of goodwill. The originality of this study lies in the multidisciplinary approach which, by combining the economic interpretation of the company with the legal rules on reporting, proposes an analysis model applicable in the practice of companies that prepare their financial statements according to the Civil Code.
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13

Bottoni, Francesco. "Partial Agreement and Contract Formation." European Business Law Review 31, Issue 2 (April 1, 2020): 337–44. http://dx.doi.org/10.54648/eulr2020014.

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The article discusses the possibility for contracts to be partially formed or not fully complete under the Italian Civil Code and how these are to be treated in relation to enforcement and remedies. Partial agreement, incomplete contract, letter of intent, pre-contractual liability, breach
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14

Confalonieri, Andrej. "Poređenje pravnog položaja žena u braku i nasleđivanju u Srpskom građanskom zakoniku iz 1844. i Građanskom zakoniku Kraljevine Italije iz 1865." Vesnik pravne istorije 1, no. 2/2020 (June 15, 2021): 113–40. http://dx.doi.org/10.51204/hlh_20205a.

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This paper deals with a comparative analysis of the legal position of women in the Serbian (1844, hereinafter SCC) and Italian (1865, hereinafter ICC) Civil Codes, considering the norms that regulate the position of women in marriage and those regarding inheritance. Confronting these two codes is relevant for various reasons. Firstly, it has not been done before in Serbian jurisprudence. Secondly, although based on different models (the Italian on the French Code, the Serbian on the Austrian Code, hereinafter ACC), each of them differs in some aspects from their model in the law of marriage and inheritance. Thirdly, it’s important from a historical aspect, because the Italian Kingdom had just been formed and the Serbians had relieved themselves of the centuries-long Turkish government, so there’s a similarity in the process of writing the codes. Although the writing styles of the codes are unalike, there are certain similarities in the provisions on marriage, the relationship between spouses, the relationship between spouses and children, and in terms of testamentary succession. For example, both codes give more rights to the husband (being the „head of the family”), and while the wife can write a will, she is not allowed to be a legal witness to another person’s will. There are several differences between the two codes, but most of them are negligible. For instance, both codes prescribe a parent’s permission for marriage, while the marriageable age that doesn’t require consent differs (i the ICC 25 years old for men and 21 for women, whereas in Serbia it’s 18 years old for both men and women). However, a few differences are relevant. The biggest one is the way in which intestate succession is regulated: the right to inherit is recognized to legitimate children regardless of gender in the Italian code, while in the Serbian code women are excluded from inheritance, which is one of the major differences between the SCC and ACC. In fact, when writing the code, Hadžić didn’t want this provision incorporated in the law, but it was added nevertheless. The second biggest difference between the ICC and the SCC consists in the fact that adultery is considered a reason for legal separation (and not divorce, because divorce was not allowed) in the ICC only if it is committed by the wife, while in the Serbian one the sex of the adulterer is not specified and can lead to divorce even if it’s done by the husband. Finally, the Serbian legislator also regulates the position of women in the „zadruga” (a type of joint family), in which women cannot be members, nor can they inherit, while that institute is not prescribed in the Italian one.
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15

Alpa, Guido. "The Italian Interpretation of the Code Civil and French Proposals for Recodification." European Business Law Review 17, Issue 6 (December 1, 2006): 1505–33. http://dx.doi.org/10.54648/eulr2006116.

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16

Patti, Francesco Paolo. "Penalty Clauses in Italian Law." European Review of Private Law 23, Issue 3 (May 1, 2015): 309–25. http://dx.doi.org/10.54648/erpl2015025.

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Abstract: The Italian legislative provisions pertaining to penalty clauses are based on the French model in the Code civil. In contrast to the typical approach in common law systems, Italian law does not distinguish between penalty and liquidated damages clauses. A contractual penalty, agreed upon with the aim of causing the creditor to cease performance, is regarded as effective; however the extent of such penalty can be lowered by the court if it is clearly too high. Due to different matters at the European level, contract theory in the field of penalty clauses has focused on private law sanctions. Recent key decisions by the Italian Court of Cassation have, however, brought the compensatory function of the penalty clause to the fore. In this context, it is thus necessary to examine the relationship between contractual penalties, claims to performance, and compensation in order to assess the parties' autonomy when determining the function of penalty clauses. Where compensation is concerned, it is to be clarified whether the loss suffered is one of the criteria to be considered when assessing whether the extent of the penalty is appropriate. This article also refers to the content of the consumer code as well as other provisions concerning similar clauses, e.g., deposits. Finally, the Italian rules on contractual penalties will be compared with the corresponding rules in projects aimed at the harmonization of private law.
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17

Barabas, Martyna. "Mediacja cywilna w polskim i włoskim systemie prawnym – próba porównania. Analiza pomysłu wprowadzenia obligatoryjnej mediacji cywilnej w Polsce." Studia Iuridica 76 (January 17, 2019): 9–31. http://dx.doi.org/10.5604/01.3001.0012.8607.

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The publication focuses on regulating civil mediation in Polish and Italian legal system. The aim of the work is to contrast the model of voluntary mediation in Poland with obligatory mediations introduced in Italy. The study also presents the advantages of mediation as the best method of dispute resolution. The study analyzes attempts to encourage parties to participate in mediations that have been applied in the Polish Code of Civil Procedure. In addition, the purpose of the article is to analyze the possibility of introducing mandatory civil mediations in Poland.
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18

Mohammad Amayreh, Osama Ismail, Izura Masdina Mohamad Zakri, Pardis Moslemzadeh Tehrani, and Yousef Mohammad Shandi. "THE PRE-CONTRACTUAL DUTY OF DISCLOSURE IN THE PALESTINIAN CIVIL CODE DRAFT AND ITS ROLE IN MAINTAINING ECONOMIC CONTRACTUAL EQUILIBRIUM." UUM Journal of Legal Studies 12, Number 1 (January 31, 2021): 119–56. http://dx.doi.org/10.32890/uumjls2021.12.1.6.

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Many recent legislations and international principles tend to apply the pre-contractual duty of disclosure as one of the most substantial principles governing the pre-contracting phase, such as Article 1112-1 of the Amended French Civil Code of 2016, Article 1337 of the Amended Italian Civil Code and Article 13 of chapter 2 of the Common European Sales Law, etc. However, the Palestinian legislature has ignored enacting legal provisions imposing the pre-contractual duty of disclosure which causes legislative deficiencies in the legislative remedies of the subject of pre-contractual duty of disclosure. In this regard, this paper suggests orientations for the formulation of the provisions of the pre-contractual duty of disclosure in the Palestinian Civil Code Draft (PDCC). To do so, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the urgent need to legislate a legal article which obligates the negotiating party to disclose any substantial information for the satisfaction of the other party. As such, the contractual equilibrium entails that the pre-contractual duty of disclosure has its own independent essence from all the theories that the jurisprudence adopted as a legal basis for this duty.
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19

Ferraioli, Massimiliano. "Behaviour Factor of Ductile Code-Designed Reinforced Concrete Frames." Advances in Civil Engineering 2021 (February 28, 2021): 1–18. http://dx.doi.org/10.1155/2021/6666687.

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The current generation of seismic design codes is based on a linear elastic force-based approach that includes the nonlinear response of the structure implicitly through a response modification factor (named reduction factor R in American codes or behaviour factor q in European codes). However, the use of a prescribed behaviour factor that is constant for a given structural system may fail in providing structures with the same risk level. In this paper, the behaviour factor of reinforced concrete frame structures is estimated by means of nonlinear static (pushover) and nonlinear incremental dynamic analyses. For this purpose, regular reinforced concrete frames of three, five, seven, and nine storeys designed for high ductility class according to the European and Italian seismic codes are investigated, and realistic input ground motions are selected based on the design spectra. Verified analysis tools and refined structural models are used for nonlinear analysis. Overstrength, redundancy, and ductility response modification factors are estimated, and the effects of some parameters influencing the behaviour factor, including the number of bays and the number of storeys, are evaluated. The results are finally compared with those obtained from a previous paper for steel moment-resisting frames with the same geometry. According to the analysis results, the behaviour factors in the case of pushover analysis are significantly higher than those obtained in the case of nonlinear response history analysis. Thus, according to the pushover analysis, the behaviour factor provided by European and Italian standards seems highly conservative. On the contrary, the more refined nonlinear dynamic analysis shows that the code-prescribed value may be slightly nonconservative for middle-high-rise frame structures due to unfavourable premature collapse mechanisms based on column plastic hinging at the first storey. Thus, some modifications are desirable in local ductility criteria and/or structural detailing of high ductility columns to implicitly ensure that the recommended value of the behaviour factor is conservative.
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Chichino, Beatrice, Simone Peloso, Davide Bolognini, Claudio Moroni, Daniele Perrone, and Emanuele Brunesi. "Towards Seismic Design of Nonstructural Elements: Italian Code-Compliant Acceleration Floor Response Spectra." Advances in Civil Engineering 2021 (November 9, 2021): 1–18. http://dx.doi.org/10.1155/2021/4762110.

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Seismic risk reduction of a building system, meant as primary building structure and nonstructural elements (NSEs) as a whole, must rely upon an adequate design of each of these two items. As far as NSEs are concerned, adequate seismic design means understanding of some basic principles and concepts that involve different actors, such as designers, manufacturers, installers, and directors of works. The current Italian Building Code, referred to as NTC18 hereinafter, defines each set of tasks and responsibilities in a sufficiently detailed manner, rendering now evident that achieving the desired performance level stems from a jointed contribution of all actors involved. Bearing in mind that seismic design is nothing else than proportioning properly seismic demand, in terms of acceleration and/or displacement, and the corresponding capacity, this paper gives a synthetic and informative overview on how to evaluate these two parameters. To shed some light on this, the concept of acceleration floor response spectrum (AFRS) is firstly brought in, along with basics of building structure-NSEs interaction, and is then deepened by means of calculation methods. Both the most rigorous method based on nonlinear dynamic simulations and the simplified analytical formulations provided by the NTC18 are briefly discussed and reviewed, trying to make them clearer even to readers with no structural/earthquake engineering background because, as a matter of fact, NSEs are often selected by architects and/or mechanical or electrical engineers. Lastly, a simple case study, representative of a European code-compliant five-storey masonry-infilled reinforced concrete frame building, is presented to examine differences between numerical and analytical AFRS and to quantify accuracy of different NTC18 procedures.
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Di Fede, Antonio. "BRIEF REFLECTIONS ABOUT VOLUNTARY FORMALISM IN THE ITALIAN LAW SYSTEM." Civitas et Lex 23, no. 3 (December 7, 2019): 41–55. http://dx.doi.org/10.31648/cetl.4425.

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The essay deals with the complex issue of voluntary formalism, regulated in the articles 1326 paragraph 4 and 1352 of the Italian Civil Code, and the exegetical problems connected to it. The study aims to verify whether the voluntary formalism occupies the same role or not and fulfills the same functions as the legal formalism. Then the relationship between the voluntary forms and the classic pathologies related to contracts has been investigated in order to verify the possibility of tracing the whole theme of the forms chosen by the parties within the different problem of the formation of the contractual agreement.
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22

Quagli, Alberto, Francesco Avallone, Paola Ramassa, and Elisa Roncagliolo. "The governance of standard setting and the role of academia in Italian accounting regulation, 1942 to the present." Accounting History 24, no. 3 (July 4, 2019): 464–88. http://dx.doi.org/10.1177/1032373219856715.

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This article provides a historical analysis of the role of the accounting academia in influencing Italian accounting regulation from the 1942 Civil Code to the present. It builds on the theory of social order to investigate the evolution of accounting regulation in accordance with the rise, dominance, and decline of the sources of social order and finds that academia has progressively lost its influence. The declining role of academia is interpreted in light of its inability to evolve from a vibrant community to a more structured association, which contributed to the lack of a unified position and of a formally acknowledged representation in the Italian standard setter. The progressive exclusion of academics also parallels the growing role of professional associations in the increasingly structured governance of standard setting. Moreover, this work highlights a progressive fading of the typical features of community and the collective identity originally characterizing Italian accounting academia.
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23

Cossu, Monica. "The “company’s interests” of the “società aperte” under Italian Corporate Laws." European Company and Financial Law Review 10, no. 1 (March 2013): 45–74. http://dx.doi.org/10.1515/ecfr-2013-0045.

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This article explains the concept of the “company’s interests” for Italian companies whose shares are listed on the stock exchange or publicly traded. On this topic, “contractual views” and “institutional views” offer very different interpretations. The Italian reform of corporate law or “Vietti Reform” (2003–2006) has introduced several changes to the old civil code and the consolidated law on financial intermediation and listed companies (testo unico sulla finanza-t.u.f.). The latter has been in force since 1998, undergoing several alterations before 2011. The new corporate regulations provide renewed ways of examining these issues and testing the current understanding of the “company’s interests”. We do not consider stateowned companies and groups of companies, since these would require a different discussion.
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24

Valente, Cinzia. "Minori stranieri non accompagnati: ordinamenti a confronto." Miscellanea Historico-Iuridica 19, no. 1 (2020): 289–315. http://dx.doi.org/10.15290/mhi.2020.19.01.13.

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The contribution aims to illustrate the evolution of national and European legislation on the subject of the protection of unaccompanied minors; the effectiveness of the Italian discipline and the French one in a comparative perspective as well as the European strategy are the core of the analysis. The adoption of the Italian Law 7 Aprile 2017 n. 47, so called Zampa Law, represents an important step towards the recognition of a complete protection of migrant child in the national background; the study on the enforcement of the reform will allow the evaluation of the Italian legal system’s efficiency. On the other hand, I will analyze the remedies offered by the French system; in this context the regulation concerning children in civil code gets along with different legal source. Particular attention will be paid to the state of art in the European context looking for common rules or guidelines. The analysis of national and European results will be the objective of some conclusive remarks.
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Di Sarno, Luigi, and George Karagiannakis. "Petrochemical Steel Pipe Rack: Critical Assessment of Existing Design Code Provisions and a Case Study." International Journal of Steel Structures 20, no. 1 (September 20, 2019): 232–46. http://dx.doi.org/10.1007/s13296-019-00280-w.

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Abstract The investigation of the seismic integrity of petrochemical plant steel structures should be commensurable to their importance given the high necessity for human life safety and financial robustness. To date, it is demonstrated in the existing literature that still many grey areas of knowledge exist upon the appropriate application of code provisions on non-building structures design. Indeed, the selection of seismic design parameters such as system performance factors or important classes are still vague aspects, in contrast with those for common building structures, either because of the paucity of information of seismic codes or due to the structural peculiarities that characterise the industrial structures resulting in the difficulty of defining ‘all-encompassing’ design parameters. The present paper aims at highlighting those parameters considering also a case-study that pertains to a steel pipe rack. The pipe rack is designed and analysed in the linear and nonlinear regime, both statically and dynamically, according to the Italian and European codes. American code provisions are examined as well so as possible inconsistencies might be found. It is demonstrated that the common nonlinear static analysis (pushover analysis) cannot be used to assess the response of the rack and the behaviour factor selection from current standards could be unjustifiable. Also, common engineering demand parameters, e.g. interstorey drift ratio, need further assessment vis-à-vis the response of nonstructural components of which the current design method does not comply with modern methods.
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26

Spinelli, Laura Chiara. "American Comics and Italian Cultural Identity in 1968: Translation Challenges in a Syncretic Text." Estudios de Traducción 11 (June 4, 2021): 81–93. http://dx.doi.org/10.5209/estr.71489.

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Translation supports the construction of a national identity through the selection of foreign texts to be transferred to the target language. Within this framework, the effort made in the 1960s by Italian editors and translators in giving new dignity to comics proves emblematic. This paper aims to reconstruct the reception of American comic strips in Italy going through the issues of Linus published in 1967 and 1968: the selected cartoonists (e.g. Al Capp, Jules Feiffer, and Walt Kelly) participate in the cultural debate of the time discussing politics, war, and civil rights. The analysis of the translation strategies adopted will reveal the difficulty of reproducing the polysemy of metaphors, idioms and puns, trying to maintain consistency between the visual and the verbal code, but primarily the need to create a purely Italian cultural discourse.
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Ragni, L., D. Cardone, N. Conte, A. Dall’Asta, A. Di Cesare, A. Flora, G. Leccese, F. Micozzi, and C. Ponzo. "Modelling and Seismic Response Analysis of Italian Code-Conforming Base-Isolated Buildings." Journal of Earthquake Engineering 22, sup2 (October 16, 2018): 198–230. http://dx.doi.org/10.1080/13632469.2018.1527263.

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Ricci, Paolo, Vincenzo Manfredi, Fabrizio Noto, Marco Terrenzi, Crescenzo Petrone, Francesca Celano, Maria Teresa De Risi, et al. "Modeling and Seismic Response Analysis of Italian Code-Conforming Reinforced Concrete Buildings." Journal of Earthquake Engineering 22, sup2 (November 9, 2018): 105–39. http://dx.doi.org/10.1080/13632469.2018.1527733.

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Magliulo, Gennaro, Davide Bellotti, Maddalena Cimmino, and Roberto Nascimbene. "Modeling and Seismic Response Analysis of RC Precast Italian Code-Conforming Buildings." Journal of Earthquake Engineering 22, sup2 (October 18, 2018): 140–67. http://dx.doi.org/10.1080/13632469.2018.1531093.

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Manzini, Carlo F., Guido Magenes, Andrea Penna, Francesca da Porto, Daniela Camilletti, Serena Cattari, and Sergio Lagomarsino. "Masonry Italian Code-Conforming Buildings. Part 1: Case Studies and Design Methods." Journal of Earthquake Engineering 22, sup2 (December 12, 2018): 54–73. http://dx.doi.org/10.1080/13632469.2018.1532358.

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Scozzese, Fabrizio, Giusy Terracciano, Alessandro Zona, Gaetano Della Corte, Andrea Dall’Asta, and Raffaele Landolfo. "Modeling and Seismic Response Analysis of Italian Code-Conforming Single-Storey Steel Buildings." Journal of Earthquake Engineering 22, sup2 (October 16, 2018): 2104–33. http://dx.doi.org/10.1080/13632469.2018.1528913.

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Cattari, Serena, Daniela Camilletti, Sergio Lagomarsino, Stefano Bracchi, Maria Rota, and Andrea Penna. "Masonry Italian Code-Conforming Buildings. Part 2: Nonlinear Modelling and Time-History Analysis." Journal of Earthquake Engineering 22, sup2 (November 15, 2018): 2010–40. http://dx.doi.org/10.1080/13632469.2018.1541030.

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33

Ferrante, Alfredo. "Burden of proof and lack of conformity under the CISG from the Italian law perspective." Revija Kopaonicke skole prirodnog prava 3, no. 1 (2021): 9–32. http://dx.doi.org/10.5937/rkspp2101009f.

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The article studies the interaction between the model of sale and purchase provided by the CISG and that of the Italian Civil Code. This is done with a twofold purpose to verify: a) whether, as things stand, the applicability of the domestic law legislation or of the general principles governing the CISG is indifferent in relation to the burden of proof concerning the lack of conformity, and consequently also to the debate concerning whether this aspect is of a procedural or substantive nature; b) whether this burden of proof can move independently of the subjective or objective conception of performance and of whether the seller's performance is associated with an obligation or a guarantee.
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T. Kotuby Jr, Charles, and Alberto Pomari. "Do the 2021 Reforms of the Italian Code of Civil Procedure Make Italy a Favorable Seat for International Arbitration?" ASA Bulletin 40, Issue 2 (June 1, 2022): 344–58. http://dx.doi.org/10.54648/asab2022030.

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Różański, Krzysztof. "Działalność pszczelarska we włoskim systemie prawnym." Przegląd Prawa Rolnego, no. 2(23) (December 15, 2018): 171–81. http://dx.doi.org/10.14746/ppr.2018.23.2.13.

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The aim of the article was to familiarise the readers with the Italian regulations and doctrine concerning beekeeping. The systematics contained in Act No. 313 of 24 December 2004 on apiculture has been analysed. Article 3 of this Act determines the agricultural character of the apiculture activity, qualifying it as an agricultural activity in the light of Article 2135 of the Civil Code. Migratory beekeeping, also classified as a related agricultural activity, consists in the relocation of bees to different regions of the country in order to increase crop productivity. Further, Act No. 313 provides legal definitions of basic institutions related to apiculture and introduces various forms of protection and support for this activity, including those from the apiculture sector. The solutions adopted by the Italian legislator constitute an interesting material for the Polish legislator to examine with regard to the possibility of introducing amendments to the regulation of the domestic beekeeping sector.
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Silvestri, Elisabetta. "Jurisdiction without conflict? Remarks on non-adverse proceedings in Italy." Law Enforcement Review 1, no. 3 (October 3, 2017): 143–49. http://dx.doi.org/10.24147/2542-1514.2017.1(3).143-149.

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The subject. This essay describes the procedural treatment of non-contentious matters inItaly. After a brief historical recount on the evolution of the concept of ‘non-contentiousjurisdiction’, from Roman law to the law in force, the chapter emphasizes the extreme varietyof non-adverse proceedings governed by the Code of civil procedure and special statutesas well.The purpose of the article is to understand the ‘default rules’ of non-adverse proceedings(meaning the rules applicable insofar as the law does not ordain otherwise) provided by theCode of civil procedure. These rules outline a procedure in chambers that is simpler andless time-consuming than the ordinary one: for these reasons, the procedure in chambershas been increasingly adopted for the judicial treatment of a few contentious matters, withmixed results.Methodology. The methodological basis for the study: general scientific methods (analysis,synthesis, comparison, description); private and academic (comparative legal, interpretation,formal-legal).Results. It is difficult to foresee whether in the near future more attention will be devotedby Italian legislators to non-contentious jurisdiction so as to lay down rules that are uniformand consistent. In recent decades, Italian civil procedure has been re-written again andagain in the attempt to solve the most serious and enduring problem of the justice system,namely, the excessive length of proceedings.Conclusions. As far as non-contentious matters, in light of the notorious overload of Italiancourts the author believes that they could be handles more efficiently by administrativeauthorities.
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Rusanov, Georgy. "Perpetrators of corporate crimes in commercial organizations in Italy and Russia." Journal of Financial Crime 28, no. 1 (October 1, 2020): 120–30. http://dx.doi.org/10.1108/jfc-02-2020-0025.

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Purpose The purpose of this paper is dedicated to the features of subjects of official crimes in commercial organizations in accordance with the laws of Italy and Russia. Design/methodology/approach Based on the study of Russian and Italian legislation, it was revealed that the Italian criminal law provides for a more extensive system of the criminal law provisions on liability for corporate economic crimes. Findings These norms are in various normative legal acts (civil legislation, separate legislative acts). In the Russian criminal legislation, the norms in the sphere of corporate crimes in the sphere of economy are systematized and are located in a separate chapter of the Criminal Code of the Russian Federation. At the same time, the list of acts for which liability is provided is significantly narrower than in the Italian criminal law. Originality/value In general, the institute of criminal liability for subjects of economic crimes with special features is adopted and developed as in the Russian criminal law as in the Italian criminal law. The existence of this institution shows the awareness by legislators of the increased danger to the society of such persons’ actions owing to the fact that the existence of the official status, special powers of certain duties or the lack of an appropriate indication on the contrary allows such a person to commit an act that is not available to other persons.
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Franchin, Paolo, Laura Ragni, Maria Rota, and Alessandro Zona. "Modelling Uncertainties of Italian Code-Conforming Structures for the Purpose of Seismic Response Analysis." Journal of Earthquake Engineering 22, sup2 (October 22, 2018): 1964–89. http://dx.doi.org/10.1080/13632469.2018.1527262.

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da Porto, Francesca, Marco Donà, Annalisa Rosti, Maria Rota, Sergio Lagomarsino, Serena Cattari, Barbara Borzi, et al. "Comparative analysis of the fragility curves for Italian residential masonry and RC buildings." Bulletin of Earthquake Engineering 19, no. 8 (May 26, 2021): 3209–52. http://dx.doi.org/10.1007/s10518-021-01120-1.

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AbstractThe Department of Civil Protection (DPC), in compliance with the EU decision 1313/2013 and at the request of the Sendai Framework for Disaster Risk Reduction 2015–2030 to update the disaster risk assessments by various countries, released the latest National Risk Assessment for Italy at the end of 2018. Specifically, as regards the seismic risk assessment, six research units belonging to two centres of competence of the DPC collaborated under its guidance to update the risk maps of the Italian residential heritage. This extensive collaboration complied with the recent Italian code for Civil Protection, which requires a broad scientific consensus for risk assessment. During this research activity, six fragility models were developed, according to some common criteria (four for masonry buildings and two for RC buildings). These models were then implemented by the DPC for the definition of the national seismic risk. Within this context, the aim of this paper is to evaluate the risk results provided by these models, compare their features, and assess and validate their prediction capabilities. In particular, this paper shows the comparison of predicted and observed damage scenarios and consequences on building stock and the population of two seismic events, i.e. L’Aquila 2009 and Amatrice 2016. Furthermore, the paper provides some interesting damage and risk predictions at a national level. Overall, the forecasts and comparisons made in this study demonstrate the validity of the approach adopted by the DPC for the assessment of national seismic risk.
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Chyla, Łukasz. "Remarks on the current situation of Polish intra-corporate dispute arbitration as compared to German and Italian equivalents." Fundamental and applied researches in practice of leading scientific schools 40, no. 4 (September 30, 2020): 41–49. http://dx.doi.org/10.33531/farplss.2020.4.6.

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The article presents the latest legal changes introduced by the reform of the arbitration law, focusing primarily on the amended articles 1157 and 1163 of the Polish code of civil procedure. The reform grants the objective arbitrability to the intra-corporate disputes- especially regarding disputes over validity of shareholders’ resolutions. Previously, the lack of objective arbitrability together with other legal impediments to the polish arbitration courts’ jurisdiction over those disputes was known for hindering the development of Polish corporate arbitration. The aim of this article is to analyze the situation of Polish corporate arbitration framework from European comparative perspective as well as potential new challenges for Polish corporate arbitration triggered by the reform.
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41

Colcelli, Valentina. "Reversing Ubi Jus ibi Remedium in Civil Law: The Italian Case of Consumer Protection." European Review of Private Law 18, Issue 1 (February 1, 2010): 143–54. http://dx.doi.org/10.54648/erpl2010007.

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Abstract: This paper aims to assess whether, in the Italian legal system, Article 36 (invalidity of unfair terms or nullity for protection of consumers), Article 64 (right of withdrawal for distance contracts and contractual offers, or those negotiated outside the office) and Article 130 (free rights of charge by repair or replacement) of Italian Decree No. 206/2005 are not substantive rights, but remedies, as in Common Law. In private law, the traditional approach of Civil Law is to place rights before remedies. In Civil Law legal systems, the qualification of rights in rules is codified before remedies, in contrast with the Common Law system, in which tradition puts remedies before rights – ubi remedium ibi jus. This paper examines the current status of the Civil Law approach in the Italian legal system. It uses the example of Articles 36, 64 and 130 of Decree No. 206/2005 (called the ‘Consumer Code’) and shows how they are creating a Civil Law version of the ubi remedium ibi jus in the European context of a growing circulation of juridical models. Zusammenfassung: Dieser Beitrag beabsichtigt zu untersuchen, ob im italienischen Rechtssystem Artikel 36 (Nichtigkeit einer unbilligen Bestimmung oder Nichtigkeit zum Schutz der Verbraucher), Artikel 64 (Rücktrittsrecht bei Fernabsatzverträgen und vertraglichen Angeboten oder denjenigen, die außerhalb von Geschäftsräumen ausgehandelt wurden) und Artikel 130 (das freie Recht auf Umtausch oder Nachbesserung) des italienischen Dekrets Nummer 206/2005 keine materiell-rechtlichen Bestimmungen sind, sondern wie im Common Law Rechtsbehelfe darstellen. Im Zivilrechtssystemen ist der traditionelle Ansatz, dass materiell-rechtlichen Bestimmungen den Rechtsbehelfen vorgehen. Im zivilrechtlichen Rechtssystemen werden deshalb die materiell-rechtlichen Bestimmungen vor den Rechtsbehelfen bei der Kodifizierung vorgezogen. Im Gegensatz hierzu erfolgt in den Common Law Rechtssystemen traditionellerweise erst eine Kodifizierung der Rechtsbehelfe und dann erst die der materiell-rechtlichen Bestimmungen ubi remedium ibi jus. Dieser Beitrag untersucht den derzeitigen Ansatz in dem italienischen Rechtssystem. Dazu verwendet er die Beispiele der Artikel 36, Artikel 64 und Artikel 13 des Dekrets 206/2005 (auch Verbrauchergesetz genannt) und zeigt, wie sie eine Version des ubi remedium ibi jus Grundsatzes in einem zivilrechtlichen Rechtssystem darstellen, die sich in einem europäischen Kontext einer wachsenden Verbreitung juristischer Modelle befindet.
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42

Troiano, Stefano. "To What Extent Can the Notion of ‘Reasonableness’ Help to Harmonize European Contract Law? Problems and Prospects from a Civil Law Perspective." European Review of Private Law 17, Issue 5 (October 1, 2009): 749–87. http://dx.doi.org/10.54648/erpl2009050.

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Abstracts: The notion of ‘reasonableness’ is familiar to Common Law lawyers, whereas it is almost unknown to most ‘continental’ civil codes (e.g., the German, French and Italian Civil Codes). In the last decades the situation has, however, considerably changed and also within the continental context. References to ‘reasonableness’ in legal provisions have continuously increased due to many factors: among others, the influence of important international conventions dealing with commercial contracts (e.g., Convention on the International Sale of Goods (CISG)) and the implementation of EU Directives in the field of contract law, where ‘reasonableness’ is constantly present. The same phenomenon can be observed to a greater extent in most academic projects aiming at harmonizing European contract law: Principles of European Contract Law (PECL), Code Européen des Contrats, Principles of European Law (PEL), Acquis Principles, Draft Common Frame of Reference (DCFR), and so forth. It is not only a matter of ‘globalization’ of the law. The attractiveness of ‘reasonableness’ also depends on its specific features of extreme flexibility and proximity to concrete circumstances compared with the abstract and rigid features of other well-known principles and concepts familiar to Civil law (like ‘good faith’, ‘diligence’, ‘equity’). Nevertheless, the introduction of this new notion raises controversial issues: first, there is the risk of unfaithfully assimilating the foreign legal pattern (examples taken from EU Directives demonstrate this very well); secondly, some doubts may be raised as to whether such an ungraspable notion may really serve the aim of harmonization; finally, one may wonder whether it is wise to sacrifice traditional concepts like ‘good faith’, ‘diligence’, or ‘equity’ on the altar of simplification, thus renouncing conceptual precision and legal certainty.
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Basili, M., and C. Nuti. "A Simplified Procedure for Base Sliding Evaluation of Concrete Gravity Dams under Seismic Action." ISRN Civil Engineering 2011 (May 29, 2011): 1–14. http://dx.doi.org/10.5402/2011/413057.

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Possible base sliding induced by an earthquake on concrete gravity dams is obtained by a simplified procedure. The model is a nonlinear single-degree-of-freedom system which takes into account dam-water-foundation interaction based on the model developed by Fenves and Chopra (1987). The nonlinearity is in the foundation rock, since a threshold value for the sliding foundation resistance, modeled with the Mohr-Coulomb yielding criterion including a frictional and a cohesive component, is imposed. Nonlinear step by dams is obtained by a simplified procedure. The model is a nonlinear single-degree-of-freedom system which takes into account dam-water-foundation interaction based on the model developed by Fenves and Chopra (1987). The nonlinearity is in the foundation rock, since a threshold value for the sliding foundation resistance, modeled with the Mohr-Coulomb yielding criterion including a frictional and a cohesive component, is imposed. Nonlinear step by step dynamic analyses are carried out on four case studies representing typical examples of Italian concrete gravity dams by utilizing several natural earthquakes. On the basis of the obtained results, a simplified methodology to estimate residual displacement without performing nonlinear dynamic analysis is presented. An example of application using as seismic input the elastic response spectra furnished by the Italian Code is also presented.
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Formisano, Antonio, Giovanni Chiumiento, and Enzo J. Dessì. "Laboratory Tests on Hydraulic Lime Mortar Reinforced With Jute Fibres." Open Civil Engineering Journal 14, no. 1 (August 6, 2020): 152–62. http://dx.doi.org/10.2174/1874149502014010152.

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Background: Considering the high seismic vulnerability of masonry buildings located in the Italian territory, the implementation of seismic retrofit programs is strongly needed.. With consideration for sustainable interventions, it is evident that the retrofit techniques to protect the historical heritage should be carried out with innovative green compound materials, such as mortars reinforced with natural fibres. Objective: In the current paper, laboratory tests on lime mortars strengthened with raw jute fibres have been performed. Methods: The workability of the fibre-reinforced mixture has been assessed through shaking table tests, and the mechanical resistances of standard specimens have been evaluated by bending and compression tests. Results: Considering the hygroscopic nature of jute, it has been identified that the optimal water/lime ratio and the maximum water percentage are absorbed by jute fibres. From the results, how the spreading of the mixture, which is indicative of the mortar consistency, changes with the water/lime ratio, has been evaluated. From bending tests, the effective behaviour of fibres, which provide a stitching effect of the failure crack in the investigated fibre-reinforced lime mortars, has been observed. Conclusion: Finally, the results of compression tests have shown that the examined fibre-reinforced mortars can be effectively used as building products according to the actual Italian technical code NTC 2018.
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45

Alpa, Guido. "The Making of Consumer Law and Policy in Europe and Italy." European Business Law Review 29, Issue 4 (July 1, 2018): 589–611. http://dx.doi.org/10.54648/eulr2018023.

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Before the creation of the European Economic Community in 1957 the Italian legal system did not know the notion of consumer in its legal meaning: “consumer” was a sociological and economic concept. Buyt for a quotation of this term in the Report made in 1942 by the Minister of Justice to the King concerning the presentation of the new Civil Code no statute had any reference to it. Only with the enactement of EC directives in different fields and only with the development of products liability the notion of consumer began to be a solid concept with important legal aspects. Today consumers occupy a relevent place in themarket, in contract law, in tort law, and also in competition law, and concumers associations are strong counterparties of entrepreneurs.
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46

Harley, Mitchell D., Andrea Valentini, Clara Armaroli, Paolo Ciavola, Luisa Perini, Lorenzo Calabrese, and Francesco Marucci. "AN EARLY WARNING SYSTEM FOR THE ON-LINE PREDICTION OF COASTAL STORM RISK ON THE ITALIAN COASTLINE." Coastal Engineering Proceedings 1, no. 33 (December 15, 2012): 77. http://dx.doi.org/10.9753/icce.v33.management.77.

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The ability to predict the imminent arrival of coastal storm risks is a valuable tool for civil protection agencies in order to prepare themselves and, if needs be, execute the appropriate hazard-reduction measures. In this study we present a prototype Early Warning System (EWS) for coastal storm risk on the Emilia-Romagna coastline in Northern Italy. This EWS is run by executing a chain of numerical models (SWAN, ROMS and XBeach) daily, with the final output transformed into a format suitable for decision making by end-users. The storm impact indicator selected for this site is the Safe Corridor Width (SCW), which is a measure of how much dry beach width is available for safe passage by beach users. A three-day time-series of the predicted SCW is generated daily by the prototype EWS. If the minimum SCW exceeds a certain threshold, a warning is issued to end-users via an automated email service. All available prediction information is also updated daily on-line. Over the one year that the EWS has been operating (June 2011 until June 2012), 13 “code red” and 16 “code orange” warnings have been issued, with the remaining 305 predictions indicating low hazard in terms of the SCW. The reliability of the predictions from the perspective of the end-user has meant that the EWS is currently being expanded to include the entire Emilia-Romagna coastline.
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Pasquariello, Federica. "LIABILITY FOR THE DEBTS OF A DISSOLVED COMPANY. IS THE ITALIAN LEGAL SYSTEM LOSING CONTEST WITH OTHER EUROPEAN SYSTEMS?" REVISTA LEX MERCATORIA Doctrina, Praxis, Jurisprudencia y Legislación 9, no. 1 (October 22, 2018): 59. http://dx.doi.org/10.21134/lex.v9i1.1530.

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Italian legal framework provides two credit protection strategies which can be employed to enforce the liability for debts ( both contingent liabilities and unpaid debit residuals ) of a dissolved company: the first based on Company Law , the other on Bankruptcy Law.According to Company Law, by virtue of art. 2495, Civil code, capital companies which have been removed from the Register after a liquidation process(1), are to be considered extinct. Moreover, according to the Court of Cassation, U.S.,February 22nd, 2010, no. 4060-4061-4062(2) the same conclusion can be drawn for partnerships because of systematic coherence. Therefore, following the cancellation from the Company Registry, the companies no longer exist neither as legal entities nor as subjects of law. Shareholder and liquidator will respond in different ways to any surviving or overdue social debt, according to artt. 2312 and 2495 c.c.
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TURATI, GILBERTO. "Different contracts in the Civil Code for different organizations in the market: comparing co-operative and stock banks using a cost frontier approach." Journal of Institutional Economics 6, no. 4 (June 7, 2010): 543–67. http://dx.doi.org/10.1017/s1744137410000184.

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Abstract:In this paper, I propose an empirical test of the main prediction of the theoretical literature on the firm as an incentive structure using data on the Italian markets, where two types of co-operative banks co-exist together with stock banks. I estimate a standard translog cost frontier and I derive cost efficiency scores. Kruskall–Wallis tests indicate that mean efficiency scores are statistically different among the three types of banks, providing empirical support to the theoretical prediction that different organizations represent different incentive structures. Moreover, co-operatives banks appear more efficient than stock banks. These results are robust also after controlling for the size of banks and the quality of their credit policies in a second-stage analysis. Hence, the efficiency gains stemming from the presence of scale economies seem to be dominated by the efficiency losses caused by the agency relationships within the bank in a more complex organization.
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Petruzzelli, Fabio, and Iunio Iervolino. "NODE: a large‐scale seismic risk prioritization tool for Italy based on nominal structural performance." Bulletin of Earthquake Engineering 19, no. 7 (April 18, 2021): 2763–96. http://dx.doi.org/10.1007/s10518-021-01093-1.

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AbstractPrioritization of seismic risk mitigation at a large scale requires rough-input methodologies able to provide an expedited, yet conventional, assessment of the seismic risk corresponding to the portfolio of interest. In fact, an evaluation of seismic vulnerability at regional level by means of mechanics-based methods is generally only feasible for a fraction of the portfolio, selected according to prioritization criteria, due to the sheer volume of information and computational effort required. Therefore, conventional assessment of seismic risk via simple indices has been proposed in literature and in some guidelines, mainly based on the comparison of code requirements at the time of design and current seismic demand. These indices represent an attempt to define a relative seismic risk measure for a rapid ranking to identify the part of the portfolio that deserves further investigation. Although these risk metrics are based on strong assumptions, they have the advantage of only requiring easy-to-retrieve data, such as design year and location as the bare minimum, making them suitable for applications within the risk analysis industry. Moreover, they can take both hazard and vulnerability into account, albeit conventionally, and can be manipulated in order to account for exposure in terms of individual or societal risks. In the present study, the main assumptions, limitations, and possible evolutions of existing prioritization approaches to nominal risk are reviewed, with specific reference to the Italian case. Furthermore, this article presents the software NODE (available to interested readers), which enables the computation of location-specific code-based seismic performance demands, according to the Italian code and the evolution of seismic classification since 1909. Finally, this study intends to contribute to the ongoing debate on strategies for large-scale seismic assessment for building stock management purposes.
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Albolino, Sara, Tommaso Bellandi, Simone Cappelletti, Marco Di Paolo, Vittorio Fineschi, Paola Frati, Caterina Offidani, Michela Tanzini, Riccardo Tartaglia, and Emanuela Turillazzi. "New Rules on Patient’s Safety and Professional Liability for the Italian Health Service." Current Pharmaceutical Biotechnology 20, no. 8 (August 28, 2019): 615–24. http://dx.doi.org/10.2174/1389201020666190408094016.

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Background:The phenomenon of clinical negligence claims has rapidly spread to United States, Canada and Europe assuming the dimensions and the severity of a pandemia. Consequently, the issues related to medical malpractice need to be studied from a transnational perspective since they raise similar problems in different legal systems.Methods:Over the last two decades, medical liability has become a prominent issue in healthcare policy and a major concern for healthcare economics in Italy. The failures of the liability system and the high cost of healthcare have led to considerable legislative activity concerning medical malpractice liability, and a law was enacted in 2012 (Law no. 189/2012), known as the “Balduzzi Law”.Results:The law tackles the mounting concern over litigation related to medical malpractice and calls for Italian physicians to follow guidelines. Briefly, the law provided for the decriminalisation of simple negligence of a physician on condition that he/she followed the guidelines and “good medical practice” while carrying out his/her duties, whilst the obligation for compensation, as defined by the Italian Civil Code, remained. Judges had to consider that the physician followed the provisions of the guidelines but nevertheless caused injury to the patient.Conclusion:However, since the emission of the law, thorny questions remain which have attracted renewed interest and criticism both in the Italian courts and legal literature. Since then, several bills have been presented on the topic and these have been merged into a single text entitled “Regulations for healthcare and patient safety and for the professional responsibility of healthcare providers”.
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