Recensione a: Paola Iamiceli, L'esclusione dal contratto, Giappichelli, Torino, 2013

Translated title of the contribution: [Autom. eng. transl.] Review to: Paola Iamiceli, Exclusion from the contract, Giappichelli, Turin, 2013

Research output: Contribution to journalBook/Film/Article reviewpeer-review

Abstract

[Autom. eng. transl.] The writing, starting from the occasion of the review of the volume by P. Iamiceli dedicated to the exclusion of the part from the plurilateral contract with the cause of collaboration, establishing non-subject organizations (eg, associated professional firms, joint ventures, temporary associations of companies, networks between companies as per legislative decree 5/2009), focuses on some aspects implicated by this theme, such as the relationship between contract with purpose and association agreement, the classification of exclusion from the contract as a subjectively partial resolution and its consequent relevance in the general law of contracts, function presuppositions and limits of exclusion. In this context, some more problematic issues are subjected to in-depth analysis, such as the legal or negotiation basis of the exclusion understood as a subjectively partial resolution and the compatibility of the exclusion with the bilateral nature of the contract with communion of purpose. Above all, the heuristic utility of the reading hypothesis is critically examined, which sees in the "power" of exclusion the expression of a "principle of authority" in turn based on the "principle of freedom" that governs the contract, to which it is the preferred one for which the exclusion is a contractual remedy which, like others, is the object of a potestative right, whose content is the so-called training faculty, which may have both the law and the source - within the limits set by the law itself - private autonomy.
Translated title of the contribution[Autom. eng. transl.] Review to: Paola Iamiceli, Exclusion from the contract, Giappichelli, Turin, 2013
Original languageItalian
Pages (from-to)607-616
Number of pages10
JournalEUROPA E DIRITTO PRIVATO
Publication statusPublished - 2013

Keywords

  • contratto plurilaterale
  • esclusione dal contratto

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