Chapter 37: Italy
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Italy (Italia) is undoubtedly a civil law country. According to the categorization of René David it belongs to the Roman-Germanistic family, while in the Zweigert and Kötz exposition Italy comes under the Roman system (David and Jauffret-Spinosi, 2002; Zweigert and Kötz, 1998). According to an eminent American comparative lawyer (Merryman, 1999, pp. 178ff.), for a common lawyer the Italian law is a peculiarly appropriate avenue of approach to study the civil law system, because of the way in which the Italians have managed to receive and rationalize the principal and quite different French and German contributions, and because Italy has a peculiar importance as the historic source of much of the law of western Europe.

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Edited by Jan M. Smits