Giovanni Passagnoli

The Special Nullity of the Contract after the Annulment of the Award

  • Abstract

Informations and abstract


Legal experts have long debated the consequences on the contract subject to public scrutiny of cancellation in the seat of judicature of the award measure. The opposing theories are, albeit to a different extent, variously reflected in administrative jurisprudence just as in civil jurisprudence, in a counterpoint of positions often conditioned by the particular needs of the division of jurisdiction. The author, after having recalled the current system of civil law invalidity, proposes the qualification in terms of special voiding of contracts following the cancellation in the seat of judicature of the award measure. In the author's view, in the regulation of contracts of the public administration the peculiar nature of one of the subjects, the public administration, influences the nature, and therefore also the treatment of the entire case in point, in accordance with a logical scheme similar to that of so-called consumer and investor law: the logical scheme that makes the nature, and therefore the treatment, of the contract depend on the peculiarity of the subject. On the applicative plane the qualification of the voidness in question as special voiding will be able to found the application of the general rules that are not at odds with the ratio of the pertinent provisions.

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