Regole di validità e di comportamento: i principi ed i rimedi

The author refers to noteworty decisions prounounced by the Italian Corte di Cassazione on 19 December 2007 - n. 26724 and 26725 - addressing the issue of whether a distinction between rurels of validity and rules of behaviour is still appropriate, above all, in relation to the applicable remedies. After an in-depth analysis of the Court's reasoning, it appears that the rules of behaviour, especially in good faith, may lead to the contract's invalidity only whwn so prescribed by the legislator, which, in many fields, contemplates, a minsgling between the two types of rules. Indeed, in the european context such distinction seems to be overcome; however, the autor favours the remedy of damages as a consequence of pre-contractual liability.