Francesco Carnelutti

Short Biography

Francesco Carnelutti ( Udine , May 15 1879 - Milan , 8 March 1965 ) was a jurist and attorney Italian Francesco Carnelutti was one of the most eminent lawyers and jurists Italian. Born in Udine in 1879 , he taught at ' Bocconi University of Milan (1909-1912), at ' University of Catania (1912-15), to ' University of Padua (1915-35), the University of Milan (1936-46 ) and the University of Rome (1947-49). In 1924 he founded and directed the magazine of Civil Procedure.He took part in the preparatory work of the Code of Civil Procedure of 1942, affecting especially the part concerning the process of execution, and some of his concepts regarding forensic evidence were entirely taken in Book VI of the Civil Code of 1942. Previously, on behalf of the Keeper had drawn up a draft Code of Civil Procedure, which, however, was not used. Neither fared little better a draft Code of Criminal Procedure which he set up after World War II, always on behalf of the Minister of Justice.Master of substantive civil and criminal, founder of the labor law and industrial law, was also renowned lawyer and jurist. It was with Joseph Capograssi one of the founders of the Union of Italian Catholic Jurists. Feelings of monarchists, was a leading figure in postwar Italian Monarchist Union.Legal thinking [ change | edit wikitext ]His research has ranged in various fields of law. In 1975, in Udine was founded the Foundation Forensic Francesco Carnelutti , made ​​up of the Councils of Udine, Trieste , Gorizia and Tolmezzo , which aims to help the growth of the culture and the legal and judicial Lawyers provide an update service in the various fields of forensic and judicial.Among his ideas that have the greatest impact on the modern law, and remembered by generations of students to date, are the famous couples carneluttiane related to all possible shapes of the legal relationship, which is discussed in the "General Theory of Law" 1951 (for. eg. individual right / obligation, power or right potestative / awe; power / duty; faculties / burden; right / obligation; legitimate interest / obligation; legitimate interest / awe). The Carnelutti was the first to argue that legal situations are not to form fixed combinations of symmetrical, because while in power (or power) and would correspond to the subjective right always, from the passive side of the relationship, the subjection, instead of the option could correspond the passive side now required Now the burden. After the insight of Carnelutti, all the Doctrine continued on the same road, opening the relationship to the plurality of correlations between legal situations.