The current legislator close attention (at European level and then in Italy as well) in classifying the (pre) negotiation conduct obligations isn’t followed by an equal effort on defining the consequences in case of violation. The circumstance revamps the age-old discussion on how to consider a contract eventually stipulated because of unfair conduct. The tradition suggests to disregard the unfair conduct that has taken place before the stipulation and as consequence fully recognizes the contract effectiveness. The subject deserves further consideration taking into account both recent evolution of negotiation dynamics and renewed criteria of abusive conduct.
Regole di condotta e regole di validità: verso il superamento del principio di non interferenza
FACHECHI, Alessia
2012
Abstract
The current legislator close attention (at European level and then in Italy as well) in classifying the (pre) negotiation conduct obligations isn’t followed by an equal effort on defining the consequences in case of violation. The circumstance revamps the age-old discussion on how to consider a contract eventually stipulated because of unfair conduct. The tradition suggests to disregard the unfair conduct that has taken place before the stipulation and as consequence fully recognizes the contract effectiveness. The subject deserves further consideration taking into account both recent evolution of negotiation dynamics and renewed criteria of abusive conduct.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
