Foreign law in international legal practice : an Italian perspective

Abstract

The article discusses the impact of foreign law on the Italian legal system. Initially, consideration is given to the role of foreign law in the overall historical development of Italian jurisprudence from the nineteenth century onwards. Then the focus shifts to the use of foreign law by Italian judges in cases other than those where the reference to foreign law is required by the rules of Private International Law or by the choice of the contracting parties. Foreign law, in this perspective, is envisaged as a reference to foreign models, rules and experience, which help to find the best solution in national cases. It considers also the use of foreign contractual models in national and international commercial relationships, particularly the use of names and formulae, references to Lex Mercatoria and the Unidroit Principles, the importation of principles and rules from economically more developed countries and the impact of EU legislative activity.