Metodologia e diritto civile : Una prospettiva filosofica

[Autom. eng. transl.] The book presents four chapters on mainly civil law topics: the interpretation of the contract, the judgment of merit of interests, the abuse of law and the contract in fraud on the third party. Each text intertwines philosophical and legal aspects, assuming, among the many that can be adopted, the perspective of the philosophy of positive law. The latter is a mixture of various elements: texts, meanings, arguments, social practices; making it philosophy means, among other things, identifying and discussing the problems that jurisprudence and doctrine raise, making reflections on the working tools used by judges and scholars, pointing out different interpretations compared to those used, detecting the possible lack of conceptual clarity.