DIRITTO ROMANO E DIRITTO CIVILE: LE RAGIONI DI UNA RINNOVATA RIFLESSIONE STORICA SUI MODELLI TEORICI E METODOLOGICI. A PROPOSITO DEL VOLUME DI GUIDO ALPA, DIRITTO CIVILE ITALIANO. DUE SECOLI DI STORIA

Abstract

The article investigates the relationship between Roman law, legal Tradition and modern civil law. The focus is mainly on theoretical and methodological models in the history of private law. In evaluating the history of the institutions, categories and concepts of civil law, the awareness is renewed that modern Codes are profoundly linked to ancient Tradition, and at the same time, represent the instrument of transmission of the same to subsequent eras. At the same time, it should be considered that even today's legal interpretation is deeply linked to Tradition, in content but above all in method. In this sense, it is then evident that carrying out an interpretation of private law in conformity with the Constitution and European law does not mean denying the previous legal Tradition, both of a national and supranational character, but placing oneself within the same, albeit in the awareness of necessary elements of discontinuity deriving from the peculiarity of the current historical moment. .