La clausola squilibrata è nulla per abuso di dipendenza economica e il prezzo lo fa il giudice: note a margine di un caso pilota

Translated title of the contribution: [Autom. eng. transl.] The unbalanced clause is void for abuse of economic dependence and the judge does the price: side notes of a pilot case

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] In the context of a jurisprudential production that uses the prohibition of abuse of economic dependence to sanction pathologies concerning the relationship (such as the "arbitrary interruption of commercial relations in progress" made, for example, through the abusive exercise of the right of withdrawal ), the orders in question appear to be a pilot case in which the judges go to syndicate the defects of the contract as an act, applying art. 9, paragraph 3, l. subf. where it provides for the nullity of the "pact through which the abuse of economic dependence takes place".
Translated title of the contribution[Autom. eng. transl.] The unbalanced clause is void for abuse of economic dependence and the judge does the price: side notes of a pilot case
Original languageItalian
Pages (from-to)222-235
Number of pages14
JournalLA NUOVA GIURISPRUDENZA CIVILE COMMENTATA
Publication statusPublished - 2015

Keywords

  • Abuso dipendenza economica
  • nullità

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