This paper aims to outline the termination of contract by non-performance in the current Italian legal system, taking into account the rules of European Private Law. The conclusion that can be drawn from the civil code is that a contract can usually be dissolved with a judgment in domestic law. In other words, if the court determines that the non-performance has more than slight importance with regard to the interest of the other, the contract is terminated. The ruling produces the termination of contract. If you widen the research to Uniform Private Law (see Convention on Contracts for the International Sale of Goods, the Principles of European Contract Law, Unidroit Principles of International Commercial Contracts, the Draft Common Frame of Reference), it can be seen that a judgment is not necessary in order to terminate a contract. The non-defaulting party can terminate a contract by a notice to the other party. In this paper the author seeks to understand if these rules which are already part of our system can influence the interpretation of the termination of contract by non- performance in the current Italian legal system.
Sirgiovanni, B. (2018). Termination of contract by non-performance in the current Italian legal system. RIVISTA DI DIRITTO PRIVATO, 23(1), 79-87.
|Tipologia:||Articolo su rivista|
|Citazione:||Sirgiovanni, B. (2018). Termination of contract by non-performance in the current Italian legal system. RIVISTA DI DIRITTO PRIVATO, 23(1), 79-87.|
|Settore Scientifico Disciplinare:||Settore IUS/01 - Diritto Privato|
|Revisione (peer review):||Esperti anonimi|
|Stato di pubblicazione:||Pubblicato|
|Data di pubblicazione:||2018|
|Titolo:||Termination of contract by non-performance in the current Italian legal system|
|Appare nelle tipologie:||01 - Articolo su rivista|