Si sanctitas inter eos sit digna foedere coniugali. Gli apporti patrimoniali alla moglie superstite in età tardoantica e giustinianea

Queste ricerche si propongono di indagare gli apporti patrimoniali alla morte del marito in favore della moglie superstite, concentrandosi sulla normazione di età tardoantica e giustinianea. Vengono presi in considerazione i principali istituti giuridici che realizzavano, al momento della scomparsa dell’uomo, una cessione patrimoniale a favore della sua vedova: la successione intestata e testata della moglie superstite, la restituzione della dote e il suo lucro sulla donazione nuziale, nonché la c.d. quarta della vedova povera. Di essi si indagano i profili dei relativi regimi giuridici interessanti per il tema di indagine, soffermandosi sulla portata e le ragioni delle riforme che li hanno riguardati, le loro specifiche funzioni nel sistema di sostentamento patrimoniale della coniuge superstite, la loro interazione e integrazione reciproca, il loro ricorso nella prassi. Si giunge alla conclusione che il sistema di tutela della coniuge superstite ebbe poco a che vedere con la successione intestata. Profondamente differente il discorso per quanto attiene alla successione testata e la dote. Più circoscritti di quanto comunemente si pensi, invece, sono i termini in cui è possibile parlare di una funzione di appannaggio vedovile della donazione nuziale. Ecco dunque che, se le garanzie patrimoniali della moglie superstite si sostanziano nel testamento del marito, nella dote, nella donazione nuziale e – nel diritto ultimo e nei soli casi di estremo bisogno – nella quarta uxoria, è chiaro come la questione sia stata demandata, in gran parte, all’autoregolamentazione dei privati. Il legislatore ha saputo predisporre gli strumenti giuridici necessari, assestare gli squilibri dovuti a mutamenti economici e sociali, intervenire laddove ce ne fosse stato bisogno, ma senza invadere un campo così privato e intimo come quello delle relazioni patrimoniali tra coniugi. D’altro canto, il suo intervento non è richiesto «si sanctitas inter eos sit digna foedere coniugali».

Three essays in industrial organization

This dissertation comprises three essays on the topic of industrial organization. The first essay considers how different intellectual property systems can affect the incentives to invest in R&D when innovation is cumulative. I introduce a distinction between plain and sophisticated technological knowledge, which plays a crucial role in determining how different appropriability rules affect the incentives to innovate. I argue that the positive effect of weak intellectual property regimes on the sharing of intermediate technological knowledge vanishes when technological knowledge is sophisticated, as is likely to be the case in many high tech industries. The second essay analyzes a two-sided market for news where advertisers may pay a media outlet to conceal negative information on the quality of their own product (paying positive to avoid negative) and/or to disclose negative information on the quality of their competitors products (paying positive to go negative). It is shown that whether advertisers have negative consequences on the accuracy of media reports or not, ultimately depends on the extent of correlation among advertisers products. The third essay considers the role of social learning in the diffusion of a new technology. A population of agents can choose between two risky technologies: an old one for which they know the expected outcome, and a new one for which they have only a prior. Different environments are confronted. In the benchmark case agents are isolated and can perform costly experiments to infer the quality of the new technology. In the other cases agents are settled in a network and can observe the outcomes of neighbors. We observe that in expectations the quality of the new technology may be overestimated when there is a network spread of information.

A threshold hypothesis of institutional change: collective action in the Italian Alps during the 13th - 19th centuries.

This dissertation is about collective action issues in common property resources. Its focus is the “threshold hypothesis,” which posits the existence of a threshold in group size that drives the process of institutional change. This hypothesis is tested using a six-century dataset concerning the management of the commons by hundreds of communities in the Italian Alps. The analysis seeks to determine the group size threshold and the institutional changes that occur when groups cross this threshold. There are five main findings. First, the number of individuals in villages remained stable for six centuries, despite the population in the region tripling in the same period. Second, the longitudinal analysis of face-to-face assemblies and community size led to the empirical identification of a threshold size that triggered the transition from informal to more formal regimes to manage common property resources. Third, when groups increased in size, gradual organizational changes took place: large groups split into independent subgroups or structured interactions into multiple layers while maintaining a single formal organization. Fourth, resource heterogeneity seemed to have had no significant impact on various institutional characteristics. Fifth, social heterogeneity showed statistically significant impacts, especially on institutional complexity, consensus, and the relative importance of governance rules versus resource management rules. Overall, the empirical evidence from this research supports the “threshold hypothesis.” These findings shed light on the rationale of institutional change in common property regimes, and clarify the mechanisms of collective action in traditional societies. Further research may generalize these conclusions to other domains of collective action and to present-day applications.

The abuse of intellectual property rights and regulations in China: a law and economic analysis

From the institutional point of view, the legal system of IPR (intellectual property right, hereafter, IPR) is one of incentive institutions of innovation and it plays very important role in the development of economy. According to the law, the owner of the IPR enjoy a kind of exclusive right to use his IP(intellectual property, hereafter, IP), in other words, he enjoys a kind of legal monopoly position in the market. How to well protect the IPR and at the same time to regulate the abuse of IPR is very interested topic in this knowledge-orientated market and it is the basic research question in this dissertation. In this paper, by way of comparing study and by way of law and economic analyses, and based on the Austrian Economics School’s theories, the writer claims that there is no any contradiction between the IPR and competition law. However, in this new economy (high-technology industries), there is really probability of the owner of IPR to abuse his dominant position. And with the characteristics of the new economy, such as, the high rates of innovation, “instant scalability”, network externality and lock-in effects, the IPR “will vest the dominant undertakings with the power not just to monopolize the market but to shift such power from one market to another, to create strong barriers to enter and, in so doing, granting the perpetuation of such dominance for quite a long time.”1 Therefore, in order to keep the order of market, to vitalize the competition and innovation, and to benefit the customer, in EU and US, it is common ways to apply the competition law to regulate the IPR abuse. In Austrian Economic School perspective, especially the Schumpeterian theories, the innovation/competition/monopoly and entrepreneurship are inter-correlated, therefore, we should apply the dynamic antitrust model based on the AES theories to analysis the relationship between the IPR and competition law. China is still a developing country with relative not so high ability of innovation. Therefore, at present, to protect the IPR and to make good use of the incentive mechanism of IPR legal system is the first important task for Chinese government to do. However, according to the investigation reports,2 based on their IPR advantage and capital advantage, some multinational companies really obtained the dominant or monopoly market position in some aspects of some industries, and there are some IPR abuses conducted by such multinational companies. And then, the Chinese government should be paying close attention to regulate any IPR abuse. However, how to effectively regulate the IPR abuse by way of competition law in Chinese situation, from the law and economic theories’ perspective, from the legislation perspective, and from the judicial practice perspective, there is a long way for China to go!

Structure-Property Relationships and Charge Transport Modeling of Organic Molecular Materials

From the perspective of a new-generation opto-electronic technology based on organic semiconductors, a major objective is to achieve a deep and detailed knowledge of the structure-property relationships, in order to optimize the electronic, optical, and charge transport properties by tuning the chemical-physical characteristics of the compounds. The purpose of this dissertation is to contribute to such understanding, through suitable theoretical and computational studies. Precisely, the structural, electronic, optical, and charge transport characteristics of several promising organic materials recently synthesized are investigated by means of an integrated approach encompassing quantum-chemical calculations, molecular dynamics and kinetic Monte Carlo simulations. Particular care is addressed to the rationalization of optical and charge transport properties in terms of both intra- and intermolecular features. Moreover, a considerable part of this project involves the development of a home-made set of procedures and parts of software code required to assist the modeling of charge transport properties in the framework of the non-adiabatic hopping mechanism applied to organic crystalline materials. As a first part of my investigations, I mainly discuss the optical, electronic, and structural properties of several core-extended rylene derivatives, which can be regarded to as model compounds for graphene nanoribbons. Two families have been studied, consisting in bay-linked perylene bisimide oligomers and N-annulated rylenes. Beside rylene derivatives, my studies also concerned electronic and spectroscopic properties of tetracene diimides, quinoidal oligothiophenes, and oxygen doped picene. As an example of device application, I studied the structural characteristics governing the efficiency of resistive molecular memories based on a derivative of benzoquinone. Finally, as a second part of my investigations, I concentrate on the charge transport properties of perylene bisimides derivatives. Precisely, a comprehensive study of the structural and thermal effects on the charge transport of several core-twisted chlorinated and fluoro-alkylated perylene bisimide n-type semiconductors is presented.

Structure-property relations in polymers from renewable resources

The present research project focuses its attention on the study of structure-property relations in polymers from renewable sources (bio-based polymers) such as polymers microbially produced, i.e. polyhydrohyalkanoates (PHAs) or chemically synthesized using monomers from renewable sources, i.e. polyammide 11 (PA11). By means of a broad spectrum of experimental techniques, the influence of different modifications on bio-based polymers such as blending with other components, copolymerization with different co-monomers and introduction of branching to yield complex architectures have been investigated. The present work on PHAs focused on the study of the dependence of polymer properties on both the fermentation process conditions (e.g. bacterial strain and carbon substrate used) and the method adopted to recover PHAs from cells. Furthermore, a solvent-free method using an enzyme and chemicals in an aqueous medium, was developed in order to recover PHAs from cells. Such a method allowed to recover PHA granules in their amorphous state, i.e. in native form useful for specific applications (e.g. paper coating). In addition, a commercial PHA was used as polymeric matrix to develop biodegradable and bio-based composites for food packaging applications. Biodegradable, non-toxic, food contact plasticizers and low cost, widely available lignocellulosic fibers (wheat straw fibers) were incorporated in such a polymeric matrix, in order to decrease PHA brittleness and the polymer cost, respectively. As concerns the study of polyamide 11, both the rheological and the solid-state behavior of PA11 star samples with different arm number and length was studied. Introduction of arms in a polymer molecule allows to modulate melt viscosity behavior which is advantageous for industrial applications. Also, several important solid-state properties, in particular mechanical properties, are affected by the presence of branching. Given the importance of using ‘green’ synthetic strategies in polymer chemistry, novel poly(-amino esters), synthesized via enzymatic-catalyzed polymerization, have also been investigated in this work.

Using national FADN database to describe Italian farms and arable fields. A comparison of sustainability level between organic versus conventional regimes.

The study defines a new farm classification and identifies the arable land management. These aspects and several indicators are taken into account to estimate the sustainability level of farms, for organic and conventional regimes. The data source is Italian Farm Account Data Network (RICA) for years 2007-2011, which samples structural and economical information. An environmental data has been added to the previous one to better describe the farm context. The new farm classification describes holding by general informations and farm structure. The general information are: adopted regime and farm location in terms of administrative region, slope and phyto-climatic zone. The farm structures describe the presence of main productive processes and land covers, which are recorded by FADN database. The farms, grouped by homogeneous farm structure or farm typology, are evaluated in terms of sustainability. The farm model MAD has been used to estimate a list of indicators. They describe especially environmental and economical areas of sustainability. Finally arable lands are taken into account to identify arable land managements and crop rotations. Each arable land has been classified by crop pattern. Then crop rotation management has been analysed by spatial and temporal approaches. The analysis reports a high variability inside regimes. The farm structure influences indicators level more than regimes, and it is not always possible to compare the two regimes. However some differences between organic and conventional agriculture have been found. Organic farm structures report different frequency and geographical location than conventional ones. Also different connections among arable lands and farm structures have been identified.

A Law and Economics Analysis of Trade Secrets: Optimal Scope of Law, Misappropriation and Alternative Damages Regimes

This thesis is primarily based on three core chapters, focused on the fundamental issues of trade secrets law. The goal of this thesis is to come up with policy recommendations to improve legal structure governing trade secrets. The focal points of this research are the following. What is the optimal scope of trade secrets law? How does it depend on the market characteristics such as degree of product differentiation between competing products? What factors need to be considered to balance the contradicting objectives of promoting innovation and knowledge diffusion? The second strand of this research focuses on the desirability of lost profits or unjust enrichment damage regimes in case of misappropriation of a trade secret. A comparison between these regimes is made and simple policy implications are extracted from the analysis. The last part of this research is an empirical analysis of a possible relationship between trade secrets sharing and misappropriation instances faced by firms.

La registrazione immobiliare nell'ordinamento cinese e nelle esperienze giuridiche europee: modelli per una nuova riforma in Cina

L’ordinamento giuridico cinese contemporaneo si è, recentemente, impegnato in una riforma che ha interessato le norme vigenti in materia di registrazione immobiliare con l’intento di realizzare un sistema unitario dell’istituto. Dal momento che la modernizzazione del diritto civile cinese è iniziata - a partire dalla fine del XIX secolo – tramite il recepimento del diritto civile occidentale, la disamina delle esperienze europee in materia di pubblicità immobiliare assume una notevole importanza, al fine di esaminare le norme vigenti in Cina e i cambiamenti scaturenti dalla riforma. Pertanto, l’obiettivo della mia ricerca è stato quello di avanzare una tesi che possa rivelarsi quale strumento utile per la riforma in Cina, attraverso uno studio comparato dei modelli europei in materia di registrazione immobiliare. A tal fine, il lavoro è stato suddiviso in due parti: nella prima si è presentata un’analisi dettagliata del diritto di proprietà, del dualismo delle proprietà fondiarie e relative problematiche, del sistema dei diritti reali costituito dalla Legge sui diritti reali del 2007, da cui è partita la riforma dell’istituto della registrazione immobiliare. Un approfondimento particolare è dedicato al pluralismo dei regimi di registrazione immobiliare vigenti nel diritto cinese contemporaneo e all’introduzione dei cambiamenti apportati dal nuovo regolamento del 2015. Nella seconda parte dell’elaborato, attraverso lo studio comparato dei diversi modelli Europei (Francese, Tedesco e Inglese), si è tentato di illustrare le esperienze europee in materia di pubblicità immobiliare maturate nei tre temi maggiormente rappresentativi e concreti, quali la tutela degli interessi privatistici, l’autenticità dei titoli e il ruolo del notaio, la procedura della pubblicità immobiliare, al fine di individuare una via percorribile per il perfezionamento del sistema unitario della registrazione nell’ordinamento cinese. Nelle conclusioni, infine, sono state inserite anche alcune riflessioni circa l’importanza dello studio del diritto comparato per l’esperienza Cinese.

Tailoring, synthesis and structure-property relationships of 2,3-thienoimide based molecular materials

Organic molecular semiconductors are subject of intense research for their crucial role as key components of new generation low cost, flexible, and large area electronic devices such as displays, thin-film transistors, solar cells, sensors and logic circuits. In particular, small molecular thienoimide (TI) based materials are emerging as novel multifunctional materials combining a good processability together to ambipolar or n-type charge transport and electroluminescence at the solid state, thus enabling the fabrication of integrated devices like organic field effect transistors (OFETs) and light emitting transistor (OLETs). Given this peculiar combination of characteristics, they also constitute the ideal substrates for fundamental studies on the structure-property relationships in multifunctional molecular systems. In this scenario, this thesis work is focused on the synthesis of new thienoimide based materials with tunable optical, packing, morphology, charge transport and electroluminescence properties by following a fine molecular tailoring, thus optimizing their performances in device as well as investigating and enabling new applications. Investigation on their structure-property relationships has been carried out and in particular, the effect of different π-conjugated cores (heterocycles, length) and alkyl end chain (shape, length) changes have been studied, obtaining materials with enhanced electron transport capability end electroluminescence suitable for the realization of OFETs and single layer OLETs. Moreover, control on the polymorphic behaviour characterizing thienoimide materials has been reached by synthetic and post-synthetic methodologies, developing multifunctional materials from a single polymorphic compound. Finally, with the aim of synthesizing highly pure materials, simplifying the purification steps and avoiding organometallic residues, procedures based on direct arylation reactions replacing conventional cross-couplings have been investigated and applied to different classes of molecules, bearing thienoimidic core or ends, as well as thiophene and anthracene derivatives, validating this approach as a clean alternative for the synthesis of several molecular materials.