A bumpy evolution in judicial decisions has taken shape in Italy. Specifically, the evolution in question is an evolution in the appropriate understanding of issues related to derivative contracts as well as in the reception of the contribution of legal doctrine. Article 118, paragraph 3, of the preliminary dispositions of the Italian Civil Procedure Code does not allow juridical authors to be quoted within judicial decisions. Despite such provision, the impact (and/or the missing impact) of legal doctrine (considered as the product of the activities of legal researchers and legal scholars) upon decisions regarding derivative contracts seems to be relevant.
The bumpy evolution in judicial decisions regarding derivative contracts in Italy: appropriate understanding of derivative contracts and reception of the contribution of legal doctrine
MAGNI ANTONIO
2016-01-01
Abstract
A bumpy evolution in judicial decisions has taken shape in Italy. Specifically, the evolution in question is an evolution in the appropriate understanding of issues related to derivative contracts as well as in the reception of the contribution of legal doctrine. Article 118, paragraph 3, of the preliminary dispositions of the Italian Civil Procedure Code does not allow juridical authors to be quoted within judicial decisions. Despite such provision, the impact (and/or the missing impact) of legal doctrine (considered as the product of the activities of legal researchers and legal scholars) upon decisions regarding derivative contracts seems to be relevant.| File | Dimensione | Formato | |
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Revista de derecho empresa 2016-9.pdf
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