[Autom. eng. transl.] The recent nullity provisions to protect certain categories of contractors, or to safeguard market efficiency, pose the problem of the fate of the contract which includes clauses disapproved by the law because they are abusive or unfair. The protective disciplines, as a rule, in fact aim to obliterate similar agreements, but certainly not to the education of the entire contract; and yet such a result - for the maintenance of the contract 'for the rest' - could be compromised by the operation of the general discipline of partial invalidity governed by the first paragraph of art. 1419 of the Civil Code. This discipline, in fact, is certainly not meant to guarantee corrections and adaptations of the contract but, on the contrary, subordinates the conservation of the contract in part null to the verification of the intentions of the contractors (or in any case of the sense of the deal wanted by the parties). The study aims to investigate the techniques - alternative to the common rule - prefigured by the legislator to decide on the extension of the disability, their operational area and the difficulties, sometimes underestimated, in which they come across. Ending up questioning the appropriateness of a substitution of invalid agreements by dispositive rules; or, critically, on the opportunity of a judicial correction of the disapproved clauses for their 'abusive' or 'unbalanced' content.
|Translated title of the contribution||[Autom. eng. transl.] Partial invalidity and contract adaptation techniques|
|Number of pages||308|
|Publication status||Published - 2008|
- nullità parziale