La fecondità della comparazione. Prospettive metodologiche e sostanziali

The author discusses the comparison between canon law and civil law, which has its roots inthe history of European law. He provides examples of intersections between canon law and civil law. He then addresses the comparison in contemporary law, both in terms of methodology and substantive law. Finally, he demonstrates how, drawing from the doctrine of putative marriage and the “toposprinciple”that tort does not pay, it is possible to derive a solution to the issue of reconciling the principle of legality with the protection of minors in certain difficult cases of so-called reproductive tourism.