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Italian Civil Code
The Italian Civil Code ( it, Codice civile) is the civil code of Italy, a collection of norms regulating private law. It was enacted under Fascist rule, by Royal decree no. 262 of 16 March 1942. It predates the current Constitution of Italy, and it was amended in the postwar period. The 1942 civil code replaced an earlier civil code which was in force since 1865, and was based on an Italian translation of the Code Napoleon (however, some parts of the code are based on laws in effect in Nazi Germany at the time, especially regarding the corporate law). Contents * Preliminary provisions: 16 provisions applying to all books of the civil code. * Book 1 - family law, marriage, adoption. * Book 2 - inheritance law, testament. * Book 3 - property: movable items, real estate, property rights and limits. * Book 4 - bonds, purchase and sale contracts, mortgages. * Book 5 - commerce law and labor law. * Book 6 - liability, transcription, credit law, rules of evidence. References {{Civil ...
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Civil Code
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. History The history of codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems. Other codified laws used since ancient times include various texts used in religious law, such as the Law of Manu in Hindu law, Islamic Sharia law, the Mishnah in Jewish Halakha law, the Canons of the Apostles in Christian Canon law. European codes and influences on other continents Th ...
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Private Law
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Priva ...
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Fascist Italy (1922–1943)
The Kingdom of Italy was governed by the National Fascist Party from 1922 to 1943 with Benito Mussolini as Prime Minister of Italy, prime minister. The Italian Fascism, Italian Fascists imposed Authoritarianism, authoritarian rule and crushed political and intellectual opposition, while promoting economic modernization, traditional social values and a rapprochement with the Roman Catholic Church. According to Payne (1996), "[the] Fascist government passed through several relatively distinct phases". The first phase (1922–1925) was nominally a continuation of the parliamentary system, albeit with a "legally-organized executive dictatorship". The second phase (1925–1929) was "the construction of the Fascist dictatorship proper". The third phase (1929–1934) was with less interventionism (politics), interventionism in foreign policy. The fourth phase (1935–1940) was characterized by an aggressive foreign policy: the Second Italo-Ethiopian War, which was launched from Italian ...
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Royal Decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for this concept may vary from country to country. The ''executive orders'' made by the President of the United States, for example, are decrees (although a decree is not exactly an order). Decree by jurisdiction Belgium In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament. France The word ''décret'', literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French President or Prime Minister. Any such order must not violate the French Constitution or Civil Code, and a party has the right to request an order be annulled in the French Council of State. Orders must be ratified by Parliament before they can be modified into legislative Acts. Specia ...
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Constitution Of Italy
The Constitution of the Italian Republic ( it, Costituzione della Repubblica Italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, was promulgated in an extraordinary edition of Gazzetta Ufficiale on 27 December 1947. The Constituent Assembly was elected by universal suffrage on 2 June 1946, on the same day as the referendum on the abolition of the monarchy was held, and it was formed by the representatives of all the anti-fascist forces that contributed to the defeat of Nazi and Fascist forces during the Italian Civil War. The election was held in all Italian provinces. The Constitution was drafted in 1946 and came into force on 1 January 1948, one century after the Constitution of the Kingdom of Italy, the Statuto Albertino, had been enacted. Constituent Assembly Piero Calamandrei, a professor of law, an authority on civil procedure, spoke in 1955 about World W ...
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Law Of Germany
The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code (''Bürgerliches Gesetzbuch'', or BGB) were developed prior to the 1949 constitution. It is composed of public law (''öffentliches Recht''), which regulates the relations between a citizen/person and the state (including criminal law) or two bodies of the state, and the private law, (''Privatrecht'') which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived from t ...
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Nazi Germany
Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was the German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a dictatorship. Under Hitler's rule, Germany quickly became a totalitarian state where nearly all aspects of life were controlled by the government. The Third Reich, meaning "Third Realm" or "Third Empire", alluded to the Nazi claim that Nazi Germany was the successor to the earlier Holy Roman Empire (800–1806) and German Empire (1871–1918). The Third Reich, which Hitler and the Nazis referred to as the Thousand-Year Reich, ended in May 1945 after just 12 years when the Allies defeated Germany, ending World War II in Europe. On 30 January 1933, Hitler was appointed chancellor of Germany, the head of gove ...
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Civil Codes
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. History The history of codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems. Other codified laws used since ancient times include various texts used in religious law, such as the Law of Manu in Hindu law, Islamic Sharia law, the Mishnah in Jewish Halakha law, the Canons of the Apostles in Christian Canon law. European codes and influences on other continents The id ...
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