315 research outputs found
The Italian Ministry of Health Held Liable for the Damages arising out of Contaminated Blood and Blood Products
Central-field intermolecular potentials from the differential elastic scattering of H2(D2) by other molecules
Differential elastic scattering cross sections for the systems H2+ O2, SF6, NH3, CO, and CH4 and for D2+ O2, SF6, and NH3 have been obtained from crossed beam studies. In all cases, rapid quantum oscillations have been resolved which permit the determination of intermolecular potential parameters if a central-field assumption is adopted. These potentials were found to be independent of both the isotopic form of the hydrogen molecule, and the relative collision energy. As a result of this, and the ability of these spherical potentials quantitatively to describe the measured scattering, it is concluded that anisotropy effects do not seem to be important in these H2(D2) systems
Law, Judges and Authorized Gambling in Italy: A Tale of Contradictions
To date, notwithstanding the large number of scholarly investigations into the legal implications of gambling, little attention has been paid to the interaction between contract law, and the negative moral or social labelling which traditionally affects gambling contracts in many Western countries. The purpose of this article is to investigate how Italian civil courts have applied Civil code and Consumer code rules on abusive clauses to cases involving authorized gambling and betting contracts. These rules should apply to authorized gambling and betting contracts, which generally involve an individual player and a professional service provider, either because the player adheres to a standard contract or because she should be considered a consumer. Unfortunately, Italian judges often refrain from applying these protective rules to cases involving gaming and betting contracts, to the detriment of players. This article critically investigates these cases to explore how judges justify this differential treatment of players of this form of legal game, highlighting the harmful effects of this discriminatory treatment on consumers and society in general
The Sienkiewicz case and the problems related to causation in mesothelioma cases in the Italian Courts
Asbestos Cases in the Italian Courts: Duelling with Uncertainty
The article investigates Italian civil Courts case-law on asbestos damages, focusing mainly on the issues of causation and fault. The diseases caused by asbestos exposure are often multifactorial diseases, to which the test of condition sine qua non cannot be applied to ascertain causation. The analysis of Italian case-law reveals a lack of uniformity in the criteria adopted to affirm the causation, contrasted by the uniformity of the criteria used to held the fault of the defendants. Such situation generates uncertainty in the protection of the rights of both the petitioners and the defendants. The lack of homogeneity in the criteria applied to establish the existence of causation is not exclusive of asbestos compensation cases, but is a constant characteristic of Italian civil case law, only lately reversed. Lastly, the author suggests some criteria that could be applied to ascertain causation in asbestos cases and other multifactorial diseases
Conference Report: The First Conference of the Società Italiana per la Ricerca nel Diritto Comparato (SIRD) on "The New Frontiers of Comparative Law"
The Influence of Foreign Legal Models on the Development of Italian Civil Liability Rules from the 1865 Civil Code to the Present Day
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