ALLE ORIGINI DEL LIBRO ¿DELLA TUTELA DEI DIRITTI¿: ¿STORIA ESTERNA¿, NATURA ED ASCENDENZE LEGISLATIVE, DOTTRINALI E GIURISPRUDENZIALI DEL VI LIBRO DEL VIGENTE CODICE CIVILE

The contribution is devoted to the study of Book VI of the Italian Civil Code of 1942,investigating, in particular, the legislative policy choices, the peculiarity and the legal ideology that the legislator wanted to express with it, and checking whether they have found in the book "Della tutela dei diritti", as it was made, authentic expression. In light of the objectives it seemed useful to articulate the research along two main lines, autonomous and complementary at the same time, so that in case of convergence of their results, their synthesis might lead to stronger results. First we tried to reconstruct, in a more detailed manner possible, "external history" of the book "Della tutela dei diritti" on the assumption that the reconstruction of the events that formed the complex historical phenomenon that was the codification of italian private law may help to extrapolate these trends and those guideline that constitute the true soul of a code and, even more of the mere rules that make it up, allow to appreciate the spirit and character that are immanent to it. Secondly, we have retraced the specific events of the individual institutions that came together in Book VI, following the actual behavior in the historical (ie studying them in their legislative dimension, doctrinal, and, when possible, case law) in order to identify and verify the common characteristics, structural or functional, which may have led, in systematic adopted in 1942, the amalgamation. Survey which, among other things, could help determine whether the legislature's choice was "authoritarian," wich mean that is designed from scratch to impose a different legal architecture on which to develop future law, or necessitated, in the sense that the works conducted by dogmatic science and by case law upon the code of '65 in the light of new doctrinal influences would need to find a positive expression such as that in fact upheld.