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Pozzo, Barbara --- "Italy" [2012] ELECD 999; in Smits, M. Jan (ed), "Elgar Encyclopedia of Comparative Law, Second Edition" (Edward Elgar Publishing, 2012) 453

Book Title: Elgar Encyclopedia of Comparative Law, Second Edition

Editor(s): Smits, M. Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849804158

Section: Chapter 37

Section Title: Italy

Author(s): Pozzo, Barbara

Number of pages: 9

Abstract/Description:

Italy (Italia) is undoubtedly a civil law country. According to the categorization of René David it belongs to the Roman-Germanistic family, while in the Zweigert and Kötz exposition Italy comes under the Roman system (David and Jauffret-Spinosi, 2002; Zweigert and Kötz, 1998). According to an eminent American comparative lawyer (Merryman, 1999, pp. 178ff.), for a common lawyer the Italian law is a peculiarly appropriate avenue of approach to study the civil law system, because of the way in which the Italians have managed to receive and rationalize the principal and quite different French and German contributions, and because Italy has a peculiar importance as the historic source of much of the law of western Europe.