RESPONSABILITÀ PRECONTRATTUALE E ABBANDONO INGIUSTIFICATO DELLE TRATTATIVE: UN RAPPORTO DA "GENUS" A "SPECIES"

[Autom. eng. transl.] The ruling in question is part of the well-established jurisprudential vein, according to which the pre-contractual responsibility of the Public Administration is attributable to the area of tort, due to a doctrinal reconstruction, conversely, by no means unanimous. Focusing on the unjustified abandonment of the negotiations, the Supreme Court analyzes the constitutive features of the case, to arrive at affirming that the illegitimate withdrawal determines responsibility and consequent obligation to compensate the damage, if (and until when) the counterparty finds good faith and trust in the conclusion of the contract.