Monograph

Contratti a lungo termine e rimedi correttivi

  • Francesca Lucchesi,

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.

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Francesca Lucchesi

University of Florence, Italy

Francesca Lucchesi graduated in 2005 from the Law Faculty at the University of Florence where she was subsequently awarded a PhD in obligations and contracts in Italy and European private law.
She has published some articles in the «Obbligazioni e Contratti» journal and various writings in Codice del consumo, Commentario edited by G. Vettori, Cedam, Padua, 2007, as well as in Codice del consumo, Aggiornamento, Pratiche commerciali scorrette e Azione collettiva, edited by G. Vettori, Cedam, Padua, 2009.
She practises law and works as a mediator in civil and business disputes.
Table of Contents
PDF
  • Publication Year: 2012
  • Pages: 218
  • eISBN: 978-88-6655-273-4
  • Content License: CC BY-ND 3.0 IT
  • © 2012 Author(s)

XML
  • Publication Year: 2012
  • eISBN: 978-88-9273-577-4
  • Content License: CC BY-ND 3.0 IT
  • © 2012 Author(s)

PRINT
  • Publication Year: 2012
  • Pages: 218
  • eISBN: 978-88-6655-294-9
  • Content License: CC BY-ND 3.0 IT
  • © 2012 Author(s)

Bibliographic Information

Book Title

Contratti a lungo termine e rimedi correttivi

Authors

Francesca Lucchesi

Peer Reviewed

Number of Pages

218

Publication Year

2012

Copyright Information

© 2012 Author(s)

Content License

CC BY-ND 3.0 IT

Metadata License

CC0 1.0

Publisher Name

Firenze University Press

DOI

10.36253/978-88-6655-273-4

ISBN Print

978-88-6655-294-9

eISBN (pdf)

978-88-6655-273-4

eISBN (xml)

978-88-9273-577-4

Series Title

Premio Ricerca «Città di Firenze»

Series Issn ISSN

2705-0289

Series E-Issn

2705-0297

331

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