http://elea.unisa.it/xmlui/handle/10556/5598 2026-04-24T06:05:15Z http://elea.unisa.it/xmlui/handle/10556/5643 Title: Anticipazioni antiche di un moderno sistema di responsabilità civile. Dalla lex Aquilia alla tutela aquiliana del credito Authors: Romano, Sara Abstract: The possibility of compensating the violation of a relative right in a non-contractual context represented a decisive turnaround for the modern developments of the Italian civil liability system. The analysis of the Aquilia law, dating back to the third century b.C., demonstrates that this result, identified as absolutely modern by scholars and case law, is not really to be perceived as such. In particular, caput II of the law already established a starting point for a possible non-contractual credit protection: it referred to the guarantee granted to the creditor for fraudulent debt release related to a person different from the holder of the obligation. From the interpretative extension operated by the praetor blatantly emerged that the legislative dictation should not, therefore, refer exclusively to the right of ownership, but rather to the violation of any patrimonial interest. In fact, the granting of a pretoria action to the tenant of the land with respect to the damage caused to the crops by a quisque de populo; and to the heirs, for the destruction of the testamentary tables, were tangible signs of the versatility of the Aquilian action for the protection of broader rights than absolute ones. 2021-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/5642 Title: Armata sapientia e Collatio Authors: Lucrezi, Francesco 2021-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/5641 Title: "Così è (se vi pare)”: l’obbligo vaccinale anticovid tra consenso viziato, rischi di inutilità e dubbi di costituzionalità Authors: Lo Monte, Elio 2021-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/5640 Title: Caposaldi romanistici nei principi generali del Codice civile cinese 2020 Authors: Radice, Giulia Aurora Abstract: The study of the general principles of the recent Chinese Civil Code illustrates the presence of a systematic Euroromanist approach which, by inserting these principles in the initial and general part of the legislative body, does not confine them there, but elevates them to fundamental elements of the entire system. Furthermore, the connection with Roman law emerges, in a manifest and substantial way, from the recognition of Roman law cornerstones in these general principles. Through the diachronic comparison to the law of ancient Rome, three fundamental elements of Roman private law are depicted – aequitas, bona fides and freedom of contract – and, thus, the presence of Roman law roots within Chinese civil law is highlighted. The Chinese Civil Code 2020 therefore seems to definitively affirm the belonging of the Sinic civil law system to the Romanist tradition. Indeed, albeit flanked by the existence of contributions from other legal models and by "typically Chinese" elements, the influence of the continental-Romanist model seems evident as well as the persistence of Roman law as a living juridical point of reference. 2021-01-01T00:00:00Z