VIVANTE, CESARE (1855–1944), Italian jurist. Born in Venice, Vivante graduated in law from the University of Padua and in 1882 at the age of 27 became professor of commercial law at the University of Parma, and in 1889 at the University of Bologna. From 1898 he was professor of commercial law at the University of Rome, a post he held for over 30 years until his retirement. He presided over numerous legislative commissions and was chairman of the Italian Commission for the Reform of the Commercial Law Code.
Vivante is considered the founder of the modern Italian school for the study of commercial law. He developed a new inductive approach to its study, establishing the principles from the agreed rules of law while at the same time coordinating commercial law principles with those of civil law. His works include Trattato di diritto commerciale (4 vols., 1893), Il Contratto di assicurazione (3 vols., 1894), which ran into several printings and was translated into many languages, and his classic Instituzioni di diritto commerciale (1891), a standard textbook which attained 60 printings. Vivante was a cofounder of the Rivista del diritto commerciale in 1903, the leading Italian journal on commercial law. Among his pupils was Tullio *Ascarelli who succeeded him as professor of commercial law at Rome.
In Bari, at the beginning of 1980s, the "Istituto Commerciale c.v." was founded and in Catania a way was dedicated to his name. The Rivista della Scuola Superiore dell'economia e delle finanze published on the Internet his speech (1888) for "un codice unico delle obbligazioni."
Studi in Onore di Cesare Vivante, 2 vols. (1931). add. bibliography: Novissimo Digesto Italiano, 20 (1975), 1034.
[Giorgio Romano /
Alfredo Mordechai Rabello (2nd ed.)]