{"product_id":"individual-will-and-the-civil-law-tradition-rethinking-lex-privata-dalla-massara-tommaso","title":"Individual Will and the Civil Law Tradition Rethinking Lex Privata - Dalla Massara Tommaso","description":"\u003cp\u003e\u003cspan\u003eThis volume sets out to explore the relationship between individual will (voluntas) and the legal rule. What unfolds in the following pages is a wide-ranging itinerary, moving between past and present, most notably ancient Rome and the contemporary world. The guiding question is as radical as it is enduring: in what way can voluntas (a psychological impulse internal to the individual) come to determine the legal rule? European private law tradition rests on the premise that legally binding acts – contract and will, to mention only two paradigmatic cases – derive their force from individual will. From the Roman sources arises, with exemplary force, the notion of lex privata: the idea that private will itself may generate binding legal norms. Such a premise immediately leads to further questions. Above all, it compels reflection on the authenticity of that will: what if voluntas is compromised? The law of defects (error, dolus, metus) opens the problem of whether distorted or corrupted will can truly sustain the validity and effects of a legal rule. The reflections gathered in this book approach the European civil law tradition as a broad and unified phenomenon, one in which law is inseparably bound to the historical and cultural contexts in which it takes shape.\u003c\/span\u003e\u003c\/p\u003e","brand":"G.GIAPPICHELLI EDITORE SRL","offers":[{"title":"Default Title","offer_id":57017251299710,"sku":null,"price":169.1,"currency_code":"EUR","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0876\/3313\/3849\/files\/9791221116021.jpg?v=1772638145","url":"https:\/\/libreriagiuridicamartino.it\/products\/individual-will-and-the-civil-law-tradition-rethinking-lex-privata-dalla-massara-tommaso","provider":"Libreria Giuridica Martino","version":"1.0","type":"link"}