This invaluable and timely book provides a comprehensive “Conflict Prevention and Friction Analysis (CPFA) Model” for researching comparative law in our increasingly technology-led legal and economic order. It provides an in-depth examination of practical case studies, showcasing the real-world application of quantitative methods and theoretical approaches for analysing legal issues.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Italy covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
This book focuses on territorial policies as instruments for local development in Europe’s periphery. Using a multiple-case research design in three typical case studies in the context of the Mediterranean island of Sardinia (Italy), we empirically test the hypothesis that the institutionalisation of the governance system is an independent variable that is capable of influencing the quality of public policy, intended as a dependent variable. According to this hypothesis, the two above-mentioned variables tend to change according to a linear and direct correlation: upward variation of the degree of institutionalisation of the governance system tends to correspond to upward variation in the quality of the policy, and vice versa. In our conclusions, we discuss the descriptive and prescriptive implications of the empirical findings of the research for the local development of peripheral areas. Regarding the descriptive implications, we explain how territorial policy-making can be articulated, based on the degree of institutionalisation of the governance system and the quality of the territorial policies. Regarding the prescriptive implications, we identify the best practices for territorial governance in order to improve the chances of local development in Europe’s periphery.
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