Kutafin University Law Review


In issue 2 on 2016 year

PRIVATE AUTONOMY AND PRINCIPLE OF SUBSIDIARITY

DOI: 10.17803/2313-5395.2016.2.6.415―429

Author: Enrico del Prato

Rubric: RUSSIAN SEASONS IN THE LIFE OF THE LEGAL COMMUNITY

Annotation: The first expression of legal experience are the social relations. Legal history shows that the development of any legal phenomenon comes from the society. The rise of objective law selects the legally relevant facts of reality and establish its legal relevance. This sums up the meaning of the subsidiarity: the law intervenes, on the one hand, to prescribe and limit the action of the private, on the other hand, to support the civil society to achieve those interests that it, alone, is not able to pursue. Subsidiarity is inherent in the function of law expressed in a democratic dimension. It is an expression of the autonomy of trade unions and collective bargaining, the right to define the disputes through arbitrators, that means by a decision not adopted from the state jurisdiction. Enrico The law, therefore, as we are taught by the tradition of Roman law, is not only the statutes, but the whole legal experience. The law subsidizes the private autonomy, which is the strongest engine of the law. It requires, however, a conclusion necessarily open: in a liquid society, like today, the abuses of autonomy are more insidious.


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Keywords: Justice, law, private law, private autonomy, principle of subsidiarity

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