Contratto mercato responsabilità

Translated title of the contribution: [Autom. eng. transl.] Liability market contract

Research output: Book/ReportBook

Abstract

The monograph deals with classic themes of private law, such as private autonomy and contractual liability, from the perspective of new regulation of trade in the market. By this point of view, attentive to legal control of private autonomy, the survey is devoted to investigating major cases of abuse of market power and the correlative compensatory remedies and invalidating. Are analyzed, in this way, legal protection for certain typical figures of the weaker party: not only the consumer, but also the employee, the investor, the company economically dependent and/or victim of abuse of dominant position or anticompetitive agreements. On the methodological, while recognizing the importance of economic data as a condition of application of these standards and as a parameter to assess the consequences arising from the right policy choices made by the legislature and the interpreter, the research refuses a reductionist approach, only based on criteria of allocative efficiency and maximization of general utility, offering alternative solutions to achieve functional goals of justice and freedom of contract, as essential tools for the development of human personality.
Translated title of the contribution[Autom. eng. transl.] Liability market contract
Original languageItalian
PublisherGiuffrè Editore
Number of pages274
ISBN (Print)88-14-14306-4
Publication statusPublished - 2008

Keywords

  • abuso
  • antitrust
  • buona fede
  • concorrenza
  • contratto
  • dipendenza economica
  • intesa restrittiva della concorrenza
  • mercato
  • norme imperative
  • nullità
  • persona
  • politica del diritto
  • politica economica
  • posizione dominante
  • responsabilità
  • risarcimento

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