Abstract

Although it's a widespread practice all over the world, the judicial use of foreign law raises many questions, which relate not only to the conditions and limits of that practice, but to its own eligibility. The phenomenon is well known in Italy, too. Yet in our country, differently from others, this kind of practice is, on the whole, somewhat sporadic and has never aroused any controversy; actually, it is generally looked upon favorably. Nevertheless, questions remain. Indeed, what's the legitimate basis of the judicial use of foreign law? Is it really appropriate for judges to resort to foreign law? And, if so, under what conditions and to what extent? The objective of the present paper is to provide an answer to these questions.