Relevance of the person and the notion of status

Authors

  • Francesco Prosperi Professore ordinario di Diritto civile nell’Università degli studi di Macerata

Keywords:

Status, Subjective juridical situations, Person, Contemporary doctrine

Abstract

If it is undeniable that in a complex and fragmented society such as the current one there is a continuous expansion of the application spheres of one “singular right”– which, though destined to guarantee the observance of the constitutional imperative that demands the remotion of obstacles that affect equality among citizens, creates delicate problems in identifying the limit within which the intervention of authority has to stop so as not to overcharge the cases of individual liberty, what also explains the right to have recognized one’s own difference –, it is equally true that there is no necessity to resource to old or new formulations of the concept of status so as to explain the reasons and the operation of the system of exceptions each time more frequently made to the principle of formal equality, being an obvious consequence of the recognition of the main value of the human person in their own concrete and individual existence that characterizes each modern State of law.

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Published

2014-02-15

How to Cite

PROSPERI, Francesco. Relevance of the person and the notion of status. civilistica.com: revista eletrônica de direito civil, Rio de Janeiro, v. 2, n. 4, p. 1–33, 2014. Disponível em: https://civilistica.emnuvens.com.br/redc/article/view/147. Acesso em: 15 oct. 2025.

Issue

Section

Foreign doctrine