Law and action
Conference organized by the Department of Law.
Is it legally conceivable to separate action from substantive law? And to extinguish the action in the abstract, regardless of the title? Despite the depth of historical research, the debate over the action appears unresolved.
Action and law appear to be two sides of the same coin. To conceive of an exception or a preclusion of the mere action means to make it legally impossible to convict the defaulting debtor. Making a conviction impossible, in turn, means stripping the breach of its significance. In essence, it renders liability irrelevant. The claim ultimately translates into its own legal action, or whatever term one chooses to describe the force that enforces the interest against the debtor’s will.
A different theoretical framework emerges, along with a coherent regulation of mitigating circumstances: from the agreement not to pursue claims to the statute of limitations; from the time limit to the condition and to subordination.
We will endeavor to discuss this together and apply the logic of the case. To grasp the root of the phenomenon within a universal framework of meaning.
Welcome addresses
Antonio Punzi, Head of the Department of Law, Luiss Guido Carli University
Chair
Attilio Zimatore Luiss Guido Carli University
Presentations
Obligation without action
Mauro Orlandi Luiss Guido Carli University
Non-claim agreements: a variety of models and the depth of their history
Tommaso dalla Massara Roma Tre University
Subjective rights: between inaction and action
Salvatore Monticelli University of Foggia
Resolution without action?
Marcello Maggiolo, University of Padua
Action and substantive law
Augusto Chizzini Catholic University of Milan
Judicial protection vs. compulsory enforcement of rights?
Ferruccio Auletta Luiss Guido Carli University
Ownership and protection of subjective legal situations. Miscellaneous theoretical observations
Vito Velluzzi, Catholic University of Milan
Coffee Break
Panel discussion