Bischi, Barbara
La buona fede del diritto privato e del diritto pubblico: dalla ragione dell'origine alla cultura della dicotomia [Tesi di dottorato]

This paper aims to analyze the various facets that bona fides has in public and civil law in the current legal system. Whilst in civil law this clause provides the necessary extrajudicial criteria instrumental to justice and fairness, in addition to those provided by positive law, which are lacking per se, in public law bona fides is often confused with the principle of "non-contradiction" in administration and takes on the connotations of the principle of reasonableness, which governs the discretionary activities of public administration and is closely linked to and regulated according to the constitutional principles enshrined in article 97. This analysis starts with a historical reconstruction of bona fides, illustrating the reasons that gave life to this rule under Roman and canon law, while offering possible explanations to the current internal contradictions characterizing bona fides in Italian law. This paper has underscored the formal virtuality of legal language and its categories and calls upon jurisprudence to reflect upon those implications that risk creating a chasm between law and relations among citizens as well as those between citizens and social entities, which should reflect, through law, the individuals forming it and their needs.

In relazione con
IUS/20 - Filosofia del diritto

Tesi di dottorato. | Lingua: | Paese: | BID: TD13053459