Andrea Pubusa

In dubio pro procedimento. Note in tema di rischio d'impresa e rischio da incertezza procedimentali

  • Abstract

Informations and abstract

Keywords:

Adam Smith already maintained that man's labour was the source of wealth. Smith identifies the virtue of the 'homo oeconomicus' with the increase of wealth through labour. Uncertainty and economic risk is co-essential to the organisation of productive forces and the protagonist thereof - the entrepreneur. Therefore, the entrepreneur either takes risks or does not exist. The risk of the market is associated with countless factors and certainly is indissolubly linked to the nature of the enterprise and its interlocutors, to the characteristics of the business activity and yet others. The relation between the entrepreneur and the public administration must likewise be viewed in these terms. In this regard, two essential elements come to the fore: the uncertain nature fraught with risk of the activity of the former and the 'ex lege' functionalisation of the activity of the latter. It therefore seems reasonable to set as an objective the redressing of the balance, identifying a new equilibrium of mutual restrictions regarding the administration and private persons.

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