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Taking as a starting point the book by Grundmann, Micklitz and Renner, New Private Law Theory, the author briefly examines the methods practised today in the most important legal systems for studying private law. There is no unanimous consensus on the definition of "private law", nor on its functions. The formalistic method prevails, using terms, concepts, dogmas stratified over time, with an apparently technical content. In reality, as the three authors demonstrate, and as has been preached in Italy for more than half a century, law is a social science and its function can only be fully understood by combining the formalistic method with economic, sociological and political analysis and considering its historical development. [ABSTRACT FROM AUTHOR]

Before the creation of the European Economic Community in 1957 the Italian legal system did not know the notion of consumer in its legal meaning: "consumer" was a sociological and economic concept. Buyt for a quotation of this term in the Report made in 1942 by the Minister of Justice to the King concerning the presentation of the new Civil Code no statute had any reference to it. Only with the enactement of EC directives in different fields and only with the development of products liability the notion of consumer began to be a solid concept with important legal aspects. Today consumers occupy a relevent place in themarket, in contract law, in tort law, and also in competition law, and concumers associations are strong counterparties of entrepreneurs. [ABSTRACT FROM AUTHOR]

The administration of Justice in Italy has raised difficult problems, due to the high number of judicial proceedings pending before judges. Usually it takes three years for the first degree, other three years for the appeal, two years for the Cassation. Among other devices, the Minister of Justice has improved any kind of ADR. Arbitration is the most important because is a (private) proceeding equaled to a judicial one (see Order of Cassation, October 25,2013,n. 24153). The Minister has created a Commission for studying and proposing means of expansion of ADR in order to reduce the charge of judges. Mediation, conciliation, settlement agreements (particularly in family matters) are already very frequent, but the situation should be improved. The proposals suggested to the Minister (and to the Parliament) by the Commission concerning arbitration were: introducing arbitration in labor litigation; possibility of immediate appeal before the Court of Cassation on the grounds of invalidity of the award; including into the Code of Civil Procedure the rules concerning arbitration for disputes between shareholders; extending arbitration for settlement of disputes between private subjects and public Administration are only some of the devices for reaching a speed and technically reliable solution of the conflicts. [ABSTRACT FROM AUTHOR]

This article examines the code of ethics of Italian lawyers in a historical perspective. It takes account of the many books on lawyers' ‘etiquette’ published along the centuries, varied according the different roles of lawyers, solicitors, assistants in the administration of justice and client's interests protection. It focuses the attention of the reader on the statutory rules enacted in the corporative legal system, and then by rules of the Italian Bar Council, which are equated to normative rules, according to the jurisprudence of the Italian Constitutional Court and the Italian Supreme Court. The essential content of the code of ethics concerns general principles of behavior, the relationship among lawyers, the attitude of the lawyer toward their clients, the contacts with judges. Also problems of competition are investigated and the permanent conflict of the Italian Bar Council with the Competition Administrative Authority. [ABSTRACT FROM PUBLISHER]

The article presents an analysis of doing business in Italy. World Investment Bank releases a report called "Doing Business 2008. Comparing Regulations in 178 Economies." saying that Italians prefer to sacrifice spending on accommodation. The author probes if Italy is a risk country for investors, if the Italian legal and judicial systems provide negative models and if civil law systems are less functional than common law systems for economic investments.

The article provides information on the profession of justice administration. It discusses the advantages of legal profession and congresses of lawyers, the administrative roles of lawyers and local bars, and the process of institutional representation. It also features the National Bar Council and its social roles.

Discusses the difficulties encountered by scholars in implementing the European Commission (EC) Directive on Unfair Terms in Consumer Contracts in the Italian legal system and in the English legal system. Techniques in implementing the EC Directive; Information on the Unfair Contract Terms Act of 1977; Problems encountered by jurists in terminology and concepts.