Philipp Fabbio

The Role of Legal Certainty in the Italian Debate on General Clauses and Principles. On a Recent Book by Giovanni D'Amico

  • Abstract

Informations and abstract

Keywords: General Clauses and Principles; Legal Certainty; Judicial Creativity; General Clauses vs. Specific Rules.

This essay provides a critical assessment of the current Italian debate on general clauses and principles as set forth in a recent book edited by Giovanni D'Amico. The Author focuses on the role that legal certainty has played so far in this discussion and suggests that its impact on real life decisions and the functioning of the legal system has been greatly undervalued. The essay's central argument attempts to demonstrate that, in the interpretation of general clauses and their translation into specific rules, the objective of legal certainty should be pursued and can ultimately be achieved.

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