La giurisdizione in materia contrattuale

[Autom. eng. transl.] The volume analyzes the community discipline of jurisdiction in the matter of contracts, focusing in particular on the provision dictated by art. 5 no. 1 of regulation no. 44/2001 / EC. The perspective from which the interpretative questions concerning this rule are examined is that of "decision harmony": in short, the study aims to verify whether, and in what terms, the interpretation of art. 5 no. 1 may be oriented towards the objective of harmonizing decisions, so as to avoid - as far as possible - the danger that knowledge of the different aspects of the same contractual relationship will be concurrently donated to judges from different States. The investigation starts from the illustration of the basic characteristics and the evolution of the forum of contractual matters in the European judicial area, and from the analysis, in general terms, of the interpretative problem of special competences; in this it examines, in a special way, the basis of the principle of decision-making harmony and the relationships it maintains with other principles which also inspire the so-called special forums: in particular, the principles of proximity and predictability of the competent judge. Therefore, on this basis, the main interpretative questions raised by this provision are dealt with, and in particular: the question of the scope of the "contractual matter" forum; the question of the partitions introduced by the Community legislator within the "contractual matter", with regard to the concepts of "sale of goods" and "provision of services"; the issue of identifying the relevant obligation for the purposes of jurisdiction; the issue of identifying the "locus destine solutionis"