Book Reviews Galgano, Francesco and Franco Ferrari. Atlante di diritto privato comparato (2nd ed.). Bologna: Zanichelli Editore S.p.A., 1993. Pp. xiii, 253. Index. ITL 52,000. The Atlante di diritto privato comparato is an original and innovative work, which makes use of geographical maps to illustrate directly and effectively the operative spheres of the different legal systems discussed in its pages. The introductory sections outline the distinctions between common law and civil law, and these distinctions are further examined with reference to the systems inspired by French law and those influenced by the German model. Although largely realized by Francesco Galgano, this volume also contains the experiences and contributions of other authors. In addition to Galgano, the introductory sections are written by Ugo Mattei and enhanced with contributions by Francesa Moretti and Luisa Antoniolli. Galgano devotes particular attention to the relationships between civil law and commercial law and, in particular, to the new theme of lex mercatoria. This is defined as a creation of the entrepreneurial class which, without the mediation of the legislative powers, tends to give life to uniform laws that are able to overcome the obstacles determined by the diversity of different national systems. The internationalization of markets and the creation of the new lex mercatoria represent the binding thread that ties together the other parts of the Atlas. A clear result of this is that the need for uniformity, particularly felt in this field, is not so strongly perceived in areas of the judicial system, such as the law of succession and family law – as examined in the text by Paolo Cendon – in as much as these areas are concerned with aspects of property. The topic which attracts the greatest amount of space and depth is that of contract. In particular, Galgano closely examines the different categories of legal transaction, especially those relevant to the different forms of contract formation between parties dealing at a distance; hence, that of the principles of causality and abstractness (written by Pier Giuseppe Monateri.) An outline of the transfer of personal property between parties under legal systems influenced by common law and French civil law is amply treated by Galgano, while those systems inspired by German codification are dealt with by Herbert Kronke. The overall picture of the procedures relating to the transferral and acquisition of personal property is completed when the considerations dealt with in the last section of the Atlas are linked to those regarding the acquisition of personal property by means of possession. In Chapter 3 Galgano concentrates on the solutions adopted in the various legal systems, highlighting the originality of the Italian system where similarities can only be found with Swedish law. The topic of responsibility is considered not only under the guise of contractual responsibility but also that of responsibility within Tort. The former is examined by Galgano, who illustrates the system as outlined by the Code of Napoleon. Daniela Memmo, on the other hand, concentrates on the German model, while Luciana Cabella Pisu describes the laws currently in force in common law countries. The outline of responsibility in tort is examined by Franco Ferrari, who highlights the difference between the French and German models. The discussion of civil responsibility in common law countries is written by Paolo Gallo. The focus in the last chapters of the Atlas is on a discussion of various topics which are of significant importance in international trade. The trust, for example, is the object of a comparison with the concept of Fiducia Romanistica. The Atlas also examines other instruments, such as securities and the application of the laws of insolvency both in relation to persons involved in business and those not involved in business (civil insolvency). Further, industrial property and individual economic activity (individual businesses) are examined, with particular attention to their being subjected to a limited doctrine of responsibility. Special mention should be made of the chapter on the international sales contract, in which Galgano analyses the Vienna Convention of 11 April 1980 regarding international sales of movable goods. In conclusion, Francesco Galgano’s Atlante di diritto privato comparato is a very interesting and useful work. Its accurate synthesis of the different legal systems throughout the world will be precious for practitioners as well as for scholars and students. Enrico Al Mureden Università di Bologna
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