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The willed interaction of laws in Europe entails an interaction of languages. Yet, the defenders of uniformization of laws ignore the linguistic stakes in a way that can only summon the traductologist. Given his epistemic assumptions, the latter is however led to react in a way that lawyers will...
In two similar cases, the German BGH had to consider the question whether, and to what extent, secretly obtained DNA-analysis can be used in paternity proceedings. Plaintiff had initially recognized the paternity of Defendant. Later he had tests carried out without the knowledge and the consent...
Cultural and axiological diversities between legal orders are considered to be a limit for the unification or harmonization of European private law. This assumption, as a starting point, is analysed in relation with three different cases or tests: same-sex marriages in family law, ?real seat...
Through a brief comparison between the Principles of European Contract Law and Italian law on invalidity of contracts, the Author questions whether some material divergences between the two systems can be better examined in the light of an evolutionary pattern of Italian law as influenced by the...
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