Foto del docente

Luigi Balestra

Full Professor

Department of Legal Studies

Academic discipline: IUS/01 Private Law

Research

Keywords: successions method property contract person civil law

Contract Law

Bankruptcy Law

Family Law with particular regard to family business and to the planning of family business transition.

Communication Law





Contract Law

Nowadays Contract Law issues are at the center of the elaboration of civil lawyers, especially as regards the delicate balancing between freedom of contract and its limits, which are even more stringent and which derive not only from statutory law but also from the needs to the parties to take into account the respect of individual human rights and society basic values such as social solidarity.

Bankruptcy Law

Particular attention has been dedicated to the several issues related to composition with creditors and to debt restructuring agreement as means, innovated by recent legislative reforms, to achieve the resolution of enterprise's financial distress. The analysis has been carried out in a perspective which enabled to highlight the relevance of Civil Law categories in this particular branch of the law.

Another field of investigation is represented by different forms of liability which may arise in the context of enterprise's crisis situations and to the consequent need to refer both to Company Law and to the set of Civil Law rules dealing with contractual and with tortious liability.

Family Law with particular regard to family business and to the planning of family business transition.

During these years the analysis was focused on the significant evolution that has characterized Family Law with specific regard to the devepolment of different kind of relationships.

Particular attention has been dedicated to the very relevant issue of family business, especially when carried out thorugh corporations both in the physiological phase and in the pathological phase of the family relationship.

In this field of analysis the issue represented by the planning of family business transition is particularly interesting since it implies the need to take into account not only the rules of Company Law but also Family Law and Inheritance Law rules.

 Communication Law

The research has been particulary focused  on the specific form of expression called satire that raises many significant issues as far as concerns the legitimacy of its exercise, such as the balancing with the fundamental rights of the individual which may be exposed to a concrete risk.