Key words: Oggetto of the Contract; Italian law; Roman law; French law; English law. This research analyses the oggetto of the contract between history and comparative law. After introducing the topic, the author presents the methodologies of the study. The first part of the work (in Italian) is dedicated to the oggetto of the contract in the Italian legal system (first chapter) and the analysis of the academic theses on the topic (second chapter). The second part (also in Italian) deals with the issue in the context of Roman law (first chapter) and in the subsequent legal history, up to the French eighteenth century (second chapter). The third part consists of three chapters: the first (in French) studies the elaboration of the Code Civil, especially in light of Pothier’s texts, and its contents with reference to the objet du contrat; the second (in Italian) briefly refers to the Italian pre-unification Civil Codes, the unitary Italian Civil Code of 1865 and the German, Spanish and Chinese experiences, as well as the French reform of the law of obligations (2016); in the third chapter (in English) the topic is studied in light of the jurisprudential data of the common law of England. The analysis ends with some brief references to the perspectives of unified contract law and with the author’s conclusions in Italian, English, and French.

Oggetto del contratto tra storia e comparazione giuridica

ARESU, GIAN MARIO
2021

Abstract

Key words: Oggetto of the Contract; Italian law; Roman law; French law; English law. This research analyses the oggetto of the contract between history and comparative law. After introducing the topic, the author presents the methodologies of the study. The first part of the work (in Italian) is dedicated to the oggetto of the contract in the Italian legal system (first chapter) and the analysis of the academic theses on the topic (second chapter). The second part (also in Italian) deals with the issue in the context of Roman law (first chapter) and in the subsequent legal history, up to the French eighteenth century (second chapter). The third part consists of three chapters: the first (in French) studies the elaboration of the Code Civil, especially in light of Pothier’s texts, and its contents with reference to the objet du contrat; the second (in Italian) briefly refers to the Italian pre-unification Civil Codes, the unitary Italian Civil Code of 1865 and the German, Spanish and Chinese experiences, as well as the French reform of the law of obligations (2016); in the third chapter (in English) the topic is studied in light of the jurisprudential data of the common law of England. The analysis ends with some brief references to the perspectives of unified contract law and with the author’s conclusions in Italian, English, and French.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11584/313088
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