Sara Landini

Sustainability Clauses in Contracts between Private Individuals: Problems and Reflections

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The work aims to demonstrate that the idea of sustainable development finds room in private law. To that goal, the author illustrates how in private law the concept of sustainability is derived above all by means of direct application of constitutional principles (as enshrined in articles 2, 4, 9, 32, 41 of the Constitution) and how in the practice there is a widespread resort to clauses and standards of eco-sustainability in contracts between private persons. In light of these data, the author highlights the problems that may crop up in the attempt to give legal importance to 'quantitative criteria' contained in 'sustainability clauses.' In particular, she wonders whether the application of objective indices is of use in excluding the discretionary power of the courts or if instead such indices must always make conditional on the interpretation of the general principles provided for in the civil code regardind contracts (good faith, due diligence, etc.).

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