DIRITTO E PROCESSO

Tribunale domestico nel Digesto?
The activity of a ‘domestic court’ within the Roman family is a matter of debate among scholars. After a brief summary of the different opinions expressed on the topic, a passage by Ulpian introduced in the Digest by the compilers of Justinian was considered. In it, some see a reference to the operation of the consilium domesticum, which, however, is neither stated nor implied in the jurist’s text.

WHAT CAN WE SAY LAW IS: DOES LINGUISTICS HELP IN THE ANALYSIS?
The historical-philosophical analysis of the concept of “honest” in correlation to "profit" is a valid tool for understanding how, from ancient times to today, it has not been (and is not) easy to bring the sanctioning system regarding fight against corruption in the public administration. The strengthening of prevention, as well as transparency, could limit the offensive content of the criminal offense, but the law alone is not sufficient to protect the needs of social protection and defense, in the absence of adoption of good practices experienced in everyday life..

Società di fatto e interessi familiari
The essay analyzes some hypotheses of coexistence between family-tyoe interests and specific interests of business management in its various forms (individual business, family business, company), noting, in particular, the importance of univocally distinguishing cases in which the business is managed individually, cases in which the company is managed jointly with the spouse and/or family members and cases in which the entrepreneur shares the management, with spouse and/or family members, in a substantial (and not even formal) way. This allows to identify the boundary between gratuitous acts arising from an exclusively family interest (i.e., a guarantee in favor of the entrepreneur spouse due to moral obligation), from formal (and not even susbstantial) gratuitous acts (guarantee in favor of the entrepreneur spouse as an act of co-management of business).

Il sistema successorio tra canoni costituzionali e regole europee
The essay analyzes, also in light of the innovations introduced by European Law (reg. EU 650/2012), the regulations concerning successions due to death, with particular attention to the civil institutions aimed at allowing the early succession of some legal relationships forming headed by the settlor, in compliance with the prohibition on succession agreements referred to in the art. 458 of the Italian Civil Code. Particular in-depth analysis is therefore dedicated to the study of the “cause of attribution”, which, for the purposes of early succession, must necessarily be characterized by the “non-pecuniary” interest of the settlor.

Le biobanche di ricerca pediatriche e l'seperienza dell'IRCCS Ospedale Pediatrico Bambino Gesù
Solidarity and reciprocity take an essential role in providing freedom and responsibility in scientific and research proress. Implementing the reciprocity of the solidaristic purpose across the access to biological samples relieves ethical and legal questions, and may give rise to concerns in society, especially in the case of paediatric researches. For a paediatric biobank, the crucial for health and for the care of others, and, on the other hand, to protect the vulnerability of those who give their biological samples is indispensable. Regarding some aspects relating the regulatory level and data privacy regulation in paediatric research, differences in informed consents and in recruitment procedures should be focused in order to strength the improvement of personalized medicine. Additionally, consent digitization process has opened up a further path of information interoperability, to be checked and monitored for assuring the compliance with the patient’s desire.

Landscaping Living Labs for collaborative research
Living Labs represent interesting flexible ecosystems for foster open innovation as they implement infrastructures where stakeholders are involved to create seamless interaction and collaborative settings. This paper firstly describes the concept and architecture of the Living Labs then it focuses on the main models and state-of-the art methodologies. Against this background selected legal issues (i.e. Intellectual property rights and data protection) will be analysed and a focus on contractual terms will be provided. The theoretical study will make use of the practical experience of the “LIVINGAGRO project” to address the effective dimension and implementation of Living Labs.

Trattamento dati personali e ricerca scientifica
The processing of personal data for scientific research purposes, especially in the biomedical field, represents the maximum expression of freedom of research. Currently, in fact, the diagnosis and treatment of most diseases is entrusted to precision medicine, which uses particular categories of data relating to the most intimate sphere of the person to arrive at therapies tailored to the individual to whom the data refers. However, there is no doubt that this has repercussions on the full exercise of fundamental rights and freedoms. The present work aims at highlighting the tools through which the legislator reconciles the general interest in scientific and technological profress with the right to protection of personal data through interaction with other fundamental human rights and freedoms.

The public-private partnership models in the implementation of strategic objectives of national recovery and resilience plan
The essay analyzes the institution of the PPP as a tool for implementing the projects financed by the PNRR, offering, preliminarily, the defining data, also in the light of the historical-reconstructive profile of european origin, as well as an updated technical-juridical framework, both in terms of regulatory and jurisprudential, focusing funditus on the application areas and the respective peculiarities of the contract under question. The aim of the research is to highlight the critical and advantageous aspects in PPP relationships, also from a perspective, in support of the ongoing reform processes.

Nuove tecniche genomiche e OGM in agricoltura
The genetic manipulation of plants destined to the nutrition has always represented a sector in continuous evolution during the years. The last evolution, represented by the so-called New Breeding Techniques, shows remarkable scientific and legal issues: this category distinguishes itself by a series of characteristics previously unknown, that make its positioning under the usual bipartition between Conventional Breeding Techniques and Transgenesis, typical of GMOs, very complicated. Despite their heterogeneity as regards the not contain exogenous genes because it is the result of a crossing between similar species, so that the genetical mutation is not trackable and the NBT products are not distinguishable from those obtained by CBTs. This “dissembled” lawmakers in preparing a regulation, which considers every detail about these techniques and the products they realize.

Aspetti etici dell'intelligenza artificiale
The essay considers the ethical aspects related to the use of artificial intelligence. European sources that invoke the ethics of AI are analyzed, as well as the legal Documents that seek to define an appropriate ethical and legal framework, based on the values of the Union, to calibrate the effects that the digital revolution deploys in the various and numerous contexts in which AI is used to ensure an anthropocentric approach to the technology that does not harm the fundamental interests protected by the legal system

Intelligenza artificiale e qualificazione giuridica
This article lays the basis for addressing the legal classification of Artificial Intelligence. The matter is particulary interesting from both theoretically and pratically point of view, due to the significant applications of this new technology and the regulatory frameworks under discussion in numerous jurisdictions worldwide. For this reason, a preliminary qualification is examined considering the perspective of the United states, China, the United Kingdom, and the European Union, in order to ascertain if there exists a common purpose or at least a shared approach.

Responsabilità civile e intelligenza artificiale
The essay aims to carry out a study and analysis of the institution of civil liability when related to artificial intelligence. This relationship is observed starting from an analysis, without exhaustive claims, of the main articles of the Italian civil code relating to civil liability. The objective of the work is to attempt to identify the person responsible for compensation for damage when this is caused by artificial intelligence. From this overlap we can deduce the inadequacy of the current structure of the institute which is designed on the basis of human actions and not of a non-human type. The invitation that is therefore made is to rethink the institute on the basis of the observations made, also in light of the recent reform at European level.

Diritto d'autore e openness
The essay analyzes the two crucial features of digital creativity: copyright and openness. In fact, on the one hand the dematerialization and freedom of communication of knowledge have not drastically led to the end of copyright nor have they hindered the development of creativity and innovation. On the other hand there is a great interest in multiple open expressive forms and models. Against this background, the author focuses on the new instances of copyright and the prerogatives of openness also considering their social and technological consequences for the scientific community.

Il trattamento dei dati personali tra GDPR e tecnologie a registro distribuito
The article examines the delicate intersection of data protection regulation and blockchain technology. It begins with an introduction to the necessity of data protection, referencing the European Data Protection Regulation No. 679/2016 (GDPR). It then explores the impact of blockchain technology on data privacy, addressing challenges faced by data controllers and processors in navigating the realm of pseudonymization. The exploration extends to the complexities surrounding international data transfers and jurisdictional considerations in a blockchain-driven landscape. The article also discusses the rights to rectification, erasre and access under GDPR, concluding with the potential for a complex yet fruitful coexistence between data protection laws and blockchain technology.

Blockchain e smart contracts
The essay aims to analyze the increasingly intricate interconnections between the digital world and traditional legal institutions. In order to do so, the text investigates the topic of smart contracts, attempting to define their scope and proper placement within civil law. Through the study of blockchain, the technology that initiated the phenomenon, and the analysis of the current regulation of Distributed Ledger Technologies, an effort is made to understand whether smart contracts can fall under the discipline outlined in the Civil Code with regard to contracts.

Corte di Cassazione, Sez. II civile, ordinanza 14 giugno 2022, n. 19091 – Pres. Di Virgilio – Est. Poletti – Enel Distribuzione S.p.A. c. M.G.
Contratto preliminare – Consegna anticipata – Possesso – Usucapione (c.c., art. 1158)

Los movimientos distruptivos en la ética europea
SOMMARIO: 1. La ética y los movimientos disruptivos. – 2. La ética frente a los avances sanitarios. – 3. Movimientos disruptivos. – 4. El principio de precaución como paraguas normativo ante la incertidumbre cientìfica.
Covadonga Torres Assiégo

Spunti critici in tema di possesso.
Oberdan Tommaso Scozzafava

Composizione negoziata della crisi e continuità aziendale.
Maria Vittoria Martiniello

Contenuti online e documento digitale
Marco Gambuli

In memory of Rodolfo Sacco.
Antonio Palazzo.