L'opera e l'insegnamento di Francesco Realmonte.

Translated title of the contribution: [Autom. eng. transl.] The work and teaching of Francesco Realmonte.

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Abstract

[Autom. eng. transl.] The essay examines the work and teaching of Francesco Realmonte 10 years after his death. From the reading of the main writings a figure of jurist is outlined who, aware of the complexity of the method, does not escape the fatigue of the concept, but proposes to alleviate it to his interlocutors through a constant commitment of conceptual clarity in the search for a right "true and right "and in the transmission of acquired knowledge. The logical rigor of the legal argumentation manifests itself in a particularly incisive way in the writings on the pre-contractual information obligation, in which Realmonte demonstrates its adherence to the method learned by Luigi Mengoni and, starting from the interpretative problem, researches concrete solutions that manage to combine the systematic consistency with respect for the ethical values at the basis of the legal system. These features are also present in The Problem of Causation in Compensation for Damage, published in 1967, a work in which he achieved full scientific maturity and which represents his greatest contribution to the doctrine of civil law. From the scientific production as a whole a complete intellectual figure emerges, in which the mastery of method and theory is not resolved into sterile technicality, but is enriched with all the cultural tools useful for developing a right, which is not a mere expression of the will majority policy, but it is able to provide concrete answers to a human need for justice.
Translated title of the contribution[Autom. eng. transl.] The work and teaching of Francesco Realmonte.
Original languageItalian
Pages (from-to)883-890
Number of pages8
JournalEUROPA E DIRITTO PRIVATO
Publication statusPublished - 2018

Keywords

  • Francesco Realmonte
  • Rudolph von Jhering
  • argomentazione giuridica
  • concorso colposo del danneggiato
  • garanzia per i vizi
  • informazione precontrattuale
  • nesso di causalità
  • responabilità precontrattuale
  • responsabilità civile
  • risarcimento del danno

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