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Università degli Studi di Milano international politics, law and economics Curriculum international politics and economics (ipe) 2022
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- Public law governs legal persons' conduct, with acts being statutes enacted by the legislative branch; rights are powers or privileges granted by legal rules.
- A legal person has rights and duties from birth to death, including human beings and public/private collective entities. Legal capacity allows exercising rights and assuming duties.
- Legal facts are natural events with legal consequences, while acts are behaviors of individuals or bodies with such consequences. Goods are objects of legal rights or duties.
- Legal rules can be general, abstract, formal, positive, legitimate, forcible/effective, and prescriptive. They must respect certain forms and procedures.
- Laws have sources including acts (Constitution, Acts, Regulations) and facts (Customs, Conventions). Interpretation involves authentic, clear and proper meaning, logical connection, systematics, original legislative will, and constitutional or EU law compliance.
- Resolving lacunae uses analogia legis or iuris. Antinomies are resolved by chronological, hierarchical, specialty, or attribution criteria.
- Laws can have retroactive effects under certain conditions, especially regarding new crimes (nullum crimen sine lege) and abolished crimes (lex mitior).
- The Constitution is a fundamental legal act-document that creates a system of government and rights. It can be codified or uncodified, rigid or flexible, voted or octroyée, long or short, original, material, living, or sham.
- Relationships between domestic law and international/EU/ECHR laws vary from immediate effects to dualism where incorporation by legislation is required.
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