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The law of Italy is the system of law across the Italian Republic. The Italian legal system has a plurality of sources of production. These are arranged in a hierarchical scale, under which the rule of a lower source cannot conflict with the rule of an upper source (hierarchy of sources). [1] The Constitution of 1948 is the main source. [2]
The Italian legal system operates within the civil law tradition with a foundation in Roman law principles. This system emphasises codified statutes and legal codes as primary sources of legal authority, contrasting with common law systems where judicial precedents are more influential.
The Italian Civil Code (Italian: Codice civile) is the civil code of Italy, a collection of norms regulating private law. [1] It was enacted under Fascist rule, by Royal decree no. 262 of 16 March 1942. It predates the current Italian Constitution, and it was amended in the postwar period. [1]
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian Code's title Corpus Juris Civilis.
There used to be only five codes of Italian law: the civil code, the code of civil procedure, the penal code, the code of criminal procedure, and the navigation code. [1] Starting from the eighties, more specific subjects were needed and specific codes were created to better codify the law.
Piero Calamandrei, a professor of law, an authority on civil procedure, spoke in 1955 about World War II and the formation of the Italian constitution: If you want to go on a pilgrimage to the place where our constitution was created, go to the mountains where partisans fell, to the prisons where they were incarcerated and to the fields where ...
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The judiciary of Italy is based on Roman law, the Napoleonic code and later statutes. It is based on a mix of the adversarial and inquisitorial civil law systems, although the adversarial system was adopted in the Appeal Courts in 1988. Appeals are treated almost as new trials, and three degrees of trial are present.