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    Contratti a lungo termine e rimedi correttivi

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    Author(s)
    Lucchesi, Francesca
    Language
    Italian
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    Abstract
    In long-term contracts the topic of contingencies and corrective remedies is particularly important. The BGB (§ 313) and texts that derive from supranational bodies, such as The Principles of European Contract Law, the UNIDROIT Principles and the Draft Common Frame of Reference set out remedies in order to adapt the contract in the event of contingencies and other preconditions. Similar forms of protection are not provided for by the Italian Civil Code, whose remedies in the face of events stemming from a contingency often do not manage to meet the interest to preserve the relationship. The development of the sources highlights in particular the remedy of compensation and specific enforcement of the obligation to conclude a contract set out in art. 2932 of the Italian Civil Code, with important new features with respect to the past. After the direction taken by case law which accepts compensation for damage in the presence of a concluded and valid contract, the compensation remedy assumes the function of correcting the contract and not just upholding the economic operation. In short, what emerges from the compensation and specific protection are facts and operating techniques that justify and enable correction of a contract.
    URI
    https://library.oapen.org/handle/20.500.12657/55021
    DOI
    10.36253/978-88-6655-273-4
    ISBN
    9788866552734, 9788866552949, 9788892735774, 9788866552734
    Publisher
    Firenze University Press
    Publisher website
    https://www.fupress.com/
    Publication date and place
    Firenze, 2012
    Series
    Premio Ricerca «Città di Firenze», 3
    Pages
    218
    Rights
    https://creativecommons.org/licenses/by-nd/3.0/
    • Imported or submitted locally

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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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