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Brevi note su alcune esperienze di trapianti giuridici in Europa


The research aims to explain and illustrate the legal transplants theory, created by the well-known Scottish jurist Alan Watson, and tries to discover the foundation of its legitimacy in relation with some common law rules. In fact some relevant private law rules, which have been transplanted in more legal systems, will be examined so to underline the different impact of the same rule in different contexts for the deep influence of social, cultural and political factors on the legal principles. Specifically the different impact on legal systems of a particular civil action, the class action, born in Usa and circulated both in civil and in common law countries, will be examined. In the same perspective the possibility to introduce punitive damages rules in civil law systems will be examined. Conclusively, the differences existing between civil and common law systems in these disciplines will be analyzed exploring the possibility to extend and adapt the American rules to European civil law systems. In the end, it is underlined that Watson’s thought is still valid and possesses to a great extent an explanatory attitude as far as the circulation of legal models is concerned. Notwithstanding it has to be taken into account that different conditions exist in the foreign legal system as opposed to those of the other legal system which has adopted the solution to be transplanted.