Rivista del Diritto Commerciale e del diritto generale delle Obbligazioni

Magazine

The Rivista del diritto commerciale e del diritto generale delle obbligazioni is the oldest and most prestigious journal of legal doctrine dedicated to commercial law topics in Italy.

In its one hundred and twenty years of history, the Rivista has always sought to remain faithful to the programme outlined by its founders: to achieve «the renewal and arrangement of our commercial law», keeping it in «communication with the fresh currents of life» and at the same time attempting to bring order to »the jumble of laws and judgments, pushed in the most contrary directions by new and acute needs». A vocation that, as the title clearly expresses, in its complete declination (too often forgotten), also aimed at overcoming the anachronistic barriers between the various fields of legal thought, in particular by eschewing the sterile contraposition between civil law and commercial law, whose «unity» it has, instead, preached since its beginnings; a unity that was achieved, at the level of sources of cognition, with the 1942 codification, the result of a long and arduous process on the outcome of which the debate held in the pages of the Review has largely influenced.

With the passing of the decades, the economic and social reality has changed profoundly, and so radically have the problems that legal science has been called upon to deal with changed compared to those that were brought to the attention of scholars in the first decade of the 20th century. In this respect, the analysis of the Review's indexes helps to understand the profound transformations of our society, highlighting in particular the central role assumed today by the phenomena of the enterprise and the market, which must be considered and disciplined from a necessarily polyvalent perspective. But if the context has progressively changed, and the topics under investigation have changed, the methodological perspective that still characterises the Review remains, and the aspiration to contribute to a development of studies that is not sectorial, but oriented towards the construction of the entire system: a perspective and an aspiration that remains open to comparisons between systems and to comparisons, because today more than ever the observation that «the essential homogeneity of commercial life is reflected in the law that governs it» is valid; a perspective, above all, that even in the awareness of the continuous mutability of legal reality, aims to replace «sceptical empiricism with a systematic construction based on experience».


The presentation contained in 1 / 1903


Watch the video of the seminar

"The perspectives of commercial law and the law of obligations"
held on November 5, 2013 at the National Forensic Council.

ISSN 2532-9839 | 2532-9847
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