Luigi Nonne

Book Review to Sopravvenienze e rimedi nei contratti di durata, by Emanuele Tuccari

  • Abstract

Informations and abstract

Keywords: Change of Circumstances, Renegotiation, Adjustment, Discharge, Hardship Clauses.

This book – after a critical analysis of the «mainstream theory» of the legal duty to renegotiate – outlines an articulated solution based on a «general» remedy of discharge, which may be applied in case of supervening circumstances arising during performance of a longterm contract (art. 1467 Italian Civil code), and on an important «special» remedy of judicial adjustment, which may be applied in case of supervening circumstances arising during performance of a private procurement contract and of any other long-term contract similar to a private procurement contract (art. 1664 Italian Civil code). The study suggests an overall reconsideration of the «hypertrophic» role of the principle of good faith and takes into account critically also conventional remedies (such as «hardship clauses»), European «soft law» projects and other national legal systems.

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