ADVOCATUS had the opportunity to interview Francesca Benatti, Italian lawyer and associate professor of Comparative Private Law at the University of Padua. In the following lines, the interviewee offers a brief analysis on the Peruvian Civil Code and the Italian Civil Code, addressing elements of Civil Law, including torts and Private Law, as well as comparative law.

The text examines the two methods of interpretation used in the American Common Law: textualism and contextualism. After looking at the parties’ preference for textualism, it highlights the reasons why it appears to be the most effective method. This method is more respectful of their wishes and is able to interpret the needs of the business world more effectively. The practical reality shows how the same parties can decide how to make the context relevant.

The essay examines the evolution of the principle of nondiscrimination in light of the U.S. experience. The decisions in Masterpiece and Creative 303 are examined in particular. It is noted how a careful resolution of the conflict between fundamental freedoms can only move from an ontological-relational appreciation of the person, taking into account the nuances of the concrete case.

The essay examines the evolution of the principle of nondiscrimination in light of the U.S. experience. The decisions in Masterpiece and Creative 303 are examined in particular. It is noted how a careful resolution of the conflict between fundamental freedoms can only move from an ontological-relational appreciation of the person, taking into account the nuances of the concrete case.

ADVOCATUS had the opportunity to interview Francesca Benatti, Italian lawyer and associate professor of Comparative Private Law at the University of Padua. In the following lines, the interviewee offers a brief analysis on the Peruvian Civil Code and the Italian Civil Code, addressing elements of Civil Law, including torts and Private Law, as well as comparative law.

The essay examines the evolution of the principle of nondiscrimination in light of the U.S. experience. The decisions in Masterpiece and Creative 303 are examined in particular. It is noted how a careful resolution of the conflict between fundamental freedoms can only move from an ontological-relational appreciation of the person, taking into account the nuances of the concrete case.

ADVOCATUS had the opportunity to interview Francesca Benatti, Italian lawyer and associate professor of Comparative Private Law at the University of Padua. In the following lines, the interviewee offers a brief analysis on the Peruvian Civil Code and the Italian Civil Code, addressing elements of Civil Law, including torts and Private Law, as well as comparative law.

In this round table, six questions are addressed regarding the novel discussion on the possible constitutionalization of Civil Law or, on the contrary, the civilization of Constitutional Law. From different doctrinal perspectives, experts in both topics analyze the existence and characteristics of this latent legal phenomenon. It is emphasized, on the one hand, that the modernization of the Rule of Law has strengthened the protection of human rights, irradiating constitutional values to civil legislation. But also, it is the constitutional courts that play a crucial role in ensuring civil rights through principles of reasonableness and proportionality.On the other hand, it is argued that civil law must be interpreted in the light of the Constitution, as the fundamental law that expresses the values of the legal system. However, it is noted that constitutional interpretation is not always...

In this round table, six questions are addressed regarding the novel discussion on the possible constitutionalization of Civil Law or, on the contrary, the civilization of Constitutional Law. From different doctrinal perspectives, experts in both topics analyze the existence and characteristics of this latent legal phenomenon. It is emphasized, on the one hand, that the modernization of the Rule of Law has strengthened the protection of human rights, irradiating constitutional values to civil legislation. But also, it is the constitutional courts that play a crucial role in ensuring civil rights through principles of reasonableness and proportionality.On the other hand, it is argued that civil law must be interpreted in the light of the Constitution, as the fundamental law that expresses the values of the legal sy...

In this round table, six questions are addressed regarding the novel discussion on the possible constitutionalization of Civil Law or, on the contrary, the civilization of Constitutional Law. From different doctrinal perspectives, experts in both topics analyze the existence and characteristics of this latent legal phenomenon. It is emphasized, on the one hand, that the modernization of the Rule of Law has strengthened the protection of human rights, irradiating constitutional values to civil legislation. But also, it is the constitutional courts that play a crucial role in ensuring civil rights through principles of reasonableness and proportionality.On the other hand, it is argued that civil law must be interpreted in the light of the Constitution, as the fundamental law that expresses the values of the legal sy...