I contratti della filiera agroalimentare tra efficienza del mercato e giustizia dello scambio

Translated title of the contribution: [Autom. eng. transl.] The contracts of the agri-food chain between market efficiency and exchange justice

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The essay examines, from an economic, ethical and juridical point of view, some regulatory tools through which civil law can improve the efficiency and fairness of trade in the agri-food chain. In this context, vertical integration contracts play a key role in regulating supply relationships, forcing farmers to respect specific criteria and techniques of cultivation and farming, as well as to sell their products to the other party, which, in turn, has the obligation to buy them after verifying compliance with all the agreed requirements. However, such an integrated production system exposes farmers to the risk of abuse, due to their position of economic dependence. As a result, legal instruments are needed that can prevent one party from taking advantage of its contractual power against the other. In the free market, however, the law does not authoritatively impose the content of the contractual regulation, but corrects the imbalances generated by the abuse of bargaining power that limit the freedom of the economically weaker party. To this end, the norms that extend and strengthen the effectiveness of collective bargaining on the part of organizations representing the opposite productive categories, the provision of form and content requirements of individual contracts, which make the relationship more transparent by preventing possible abuses by of the stronger contractor and the specific prohibitions of abuse, which allow the judge to review the fairness of the contractual regulation ex post. From this perspective, public intervention is not limited to establishing organizational and procedural rules, in compliance with the neoliberal model, which postulates the formal equality of the contractors, but aims to remove the social and economic obstacles that, by limiting freedom and equality of the parts, prevent the full development of the human person even in the context of economic relations.
Translated title of the contribution[Autom. eng. transl.] The contracts of the agri-food chain between market efficiency and exchange justice
Original languageItalian
Title of host publicationAnnuario del contratto 2015
EditorsA. D'Angelo
Pages3-33
Number of pages31
Publication statusPublished - 2016

Keywords

  • filiera agroalimentare

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