[Autom. eng. transl.] The volume, drawing the comments from the art. 1352 cod. civ., monographically investigates the phenomenon of conventional formalism, through which the autonomy of negotiation limits itself by imposing a constraint of form not legally established for the stipulation of a future contract, mainly in order to guarantee a greater standard of weighting of the consent and certainty and durability of the test. After having traced the origins of the pact on form in post-classical Roman law and in Germanic codifications, with respect to which the Italian discipline operates a rationalization not without originality, the book deals first of all with the problem of the controversial foundation of private power to affect the structural composition of the contract, aggravating the relative burden of form, to then examine the numerous questions it involves, such as - by way of example - those of the form of the pact on the form, of the forms that it can contemplate (also in relation to the IT document), of its extension to unilateral stores of modification or dissolution of the contractual relationship and interaction with the general contract conditions during mass bargaining and consumption relations. In the context of the pathological aspect of the phenomenon, which occurs when the divided contract is concluded without observing the form constraint, great attention is devoted to the qualification of the amorphous contract, which - variously operated in doctrine in the same way as the invalidity, of the ineffectiveness, inexistence or conventional irrelevance - is finally identified with a special nullity endowed with its own statute. Further profiles to which the investigation is addressed are mutual dissent from the agreement on the form and extension of the conventional form to the shops connected to the future contract (such as preliminary, withdrawal, proxy, ratification and mutual dissent). Finally, the volume reserves a special discussion of the pact on the form for the proof of a future contract, framed within the category, as vast as it is controversial, of the pacts on the tests.
|Translated title of the contribution||[Autom. eng. transl.] Conventional forms. Art. 1352|
|Number of pages||566|
|Publication status||Published - 2016|
|Name||IL CODICE CIVILE. COMMENTARIO|