L'onere e la norma: prove di accesso al diritto
Caredda, Valeria
2019-01-01
Abstract
The essay proposes a reconsideration of the controversial concept of charge. It focuses on the category which appears more distant from the idea of duty and on its relationship with the legal provision. As a matter of fact, the study of the charge intersects that of the norm and its conceptions, encountering obstacles of different nature. The criticism of a part of the doctrine converge on the absence of legal nature or the absence of autonomy of that figure. The essay, therefore, aims at overcoming such obstacles in order to include the charge among the legal categories. To this end, it compares the figure with the characteristics which the legal provision has or should have according to its different conceptions, as the alternative between norm as command and norm as judgment. The presence or absence of a sanction in the rules establishing charges is another essential point of the subject. The investigation on the presence, absence, consistency of the sanction allows to observe the charge in a more modern perspective, through its comparison with the growing phenomenon of soft law. In this way the modernity of the concept is highlighted, together with its suitability to identify a legislative technique different from that expressed by the imposition of duties and its possible operational implications.File | Size | Format | |
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VALERIA CAREDDA pdf editoriale giust civ.pdf Solo gestori archivio
Type: versione editoriale
Size 1.44 MB
Format Adobe PDF
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1.44 MB | Adobe PDF | & nbsp; View / Open Request a copy |
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