Università degli Studi Suor Orsola Benincasa - Napoli

Advice

The Research Center for European Private Law (ReCEPL) carries out advice committed by public bodies and private subjects, which allow them to be supported in the solution of legal issues or interrelationship between legal issues and other disciplines and in the implementation of projects, start-ups, spin-offs and other initiatives, thanks to the multidisciplinary knowledge and skills developed by the researchers of the Center.
The advice activity is divided into:
- elaboration of uniform normative texts (suitable to compose in a single rule instances of different origin)
- carrying out research activities to investigate certain issues or issues that are highly complex and involving more than one legal system;
- preparation of reports on the basis of the client's requests, which take the form of the preparation of various documents (papers, forms, impact analysis, etc.);
- Regulatory Impact Analysis (AIR);
- legal design in the context of serial and non-serial contracts;
- possible relationships between ethics and law.

ReCEPL's advice activity can use various methods, ranging from the analysis of positive law, national and international law, to empirical studies, also in the legal field (so-called Empirical Legal Studies) and and human-machine interface or human being centered design analysis. In fact, the Research Center is composed of researchers coming not only from the legal sector but also from the engineering sector, along with researchers from the human-machine interface (HMI) sector, thus establishing itself for its strong multidisciplinary nature.

2021 - Illegal occupation of real estate

ReCEPL has provided advice on the protection against the illegal occupation of properties, investigating the case of de facto enjoyment of a real estate owned by the IACP / ACER Naples, in order to (i) verify the possibility of qualifying the case as detention pursuant to art. 1168, co. 2, of the Italian Civil Code, as well as (ii) identify the holder of the right to take legal action for reinstatement of possession pursuant to art. 1145, co. 2, of the Italian Civil Code, in case of assets belonging to the unavailable assets of the State.

2019 - Start up

ReCEPL gives legal advice, referring to contracts and data protection, to Start UP enterprises and other business using new technologies (e.g. platforms, buying groups). The Center is currently conducting advisory activity to a Start Up Enterprise in the Education sector.

2018 - "Advance Healthcare Directives"

In 2018, ReCEPL wrote an opinion with regard to the constitutional legitimacy judgment raised by the Tutelary Judge of the Court of Pavia of 24/03/2018, of the art. 3, sub -art. 4 and 5, of the l. 219/2017 (Law on Advance Healthcare Directives), for the purpose of intervention in the trial.

2016 - "Privacy and the Internet of Things: a behavioural and legal approach"

In 2016, ReCEPL had been commissioned by Microsoft Italy to provide advice focused on the consent to the processing of personal data applied to the Microsoft 10 operating system. Given the complexity of the matter, the advice activity was converted into a national project funded by the same customer.

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