Il diritto nell'America LatinaThe volume is the result of a systemological analysis through which the different taxonomic elements that give structure and identity to Latin American System take shape. The proposed reconstruction overcomes, on the one hand, the ancient dichotomies between ‘law’ and ‘other sciences’, and on the other, between public and private law. In the framework of the research emerge the multiple inter-normative reflections that can be linked to the chthonic legal tradition, following its recognition in the constitutional context. They show the reader an ongoing rethinking of the unidirectional and homogenizing vision of the Western concepts of law, well-being and development, and at the same time re-propose the dialectic and debat between "we" and "others" as current in the Latin American System.
L'inadempimento dell'obbligazioneThe comparative analysis reveals a peculiarity of the first Argentine Civil Code regarding the evaluation of the fault of the debtor in the non-performance of the obligation. On one hand, the work discusses the ratio and the foundation of the choices made by Vélez Sarsfield in the framework of the Civil Law System; on the other hand, it verifies the presence of a deep and constant character of the Latin American legal experiences and therefore of a nucleus of common elements on the subject of non-performance, suitable for the civil law harmonization in Latin America. The reference to the ‘culpa in concreto’, to the diligence of the ‘bonus pater familias’ and to reasonableness identify some standards of desirable behavior by the debtor, on which both European and Latin American legislators are called upon to tackle in the recodification of civil codes as well as in the perspective of supranational harmonization of civil law.
America Latina e tutela del consumatoreThe book shows the existence of a Latin American trend aimed at the harmonization of consumer law in the sub-regional area of MERCOSUR. The work deals with the experiences of consumer protection in Brazil, Argentina, Paraguay and Uruguay, not only in order to know the solutions offered by the single legal systems, but also to evaluate the core principles, rules and common legal norms on which the supranational perspective of the discipline is based. The identification of problems and techniques for the harmonization and unification of law are examined with particular attention to systematic profiles and dogmatic premises related to the notion of ‘relación de consumo’. The comparative analysis is developed not only in relation to the perspectives of MERCOSUR but also through a constant comparison between the Latin American and European legal experiences.