Case law before global law

Abstract

Article 1 of the Civil Code, when displaying the sources of the Law, disregards two key sources of contemporary Law: supranational norms and case law. In the first case, we will propose a model of receptive efficacy, that can be later called upon before the state judicial authorities and arbitral tribunals. Secondly, we identify another crash in the source of Law system in case law. In this process, the Judge will have as an absolute standard the Constitution itself, which will erect as the guarantor of the general principles of the legal system. We will propose as well a theory of juridical norms as ex ante prescriptions, while case law will be conceived as a sum of ex post juridical rules. The building up of this holistic approach of the “normative” and “regulated” under Global Law constitutes the aim of this work.