The essay analyzes the impact of the pandemic on contracts, with particular reference toconcession relationships. First, the author examines the interaction between Italian civil coderules and the new regulation for the Covid-19 crisis, also considering the European and comparativelaw perspective. In the second part, the focus shifts to the concession relationships,since, in the latter, the advent of unexpected circumstances implies a balance between privatelaw and public law remedies. A specific core is then provided on the concessions of Stateownedproperty regarding beaches and beach facilities, given that the automatic extensionof the duration of these relationships, established by the Italian regulation for the pandemic,involves serious problems of compliance with European law. Hence, the final remarks underlinethe possible use of private law remedies as a regulatory tool aimed at ensuring marketcompetition and well-functioning.

Sopravvenienze contrattuali da Covid-19 e rapporti concessori. Scelta del rimedio e profili regolatori

SICA T
2021-01-01

Abstract

The essay analyzes the impact of the pandemic on contracts, with particular reference toconcession relationships. First, the author examines the interaction between Italian civil coderules and the new regulation for the Covid-19 crisis, also considering the European and comparativelaw perspective. In the second part, the focus shifts to the concession relationships,since, in the latter, the advent of unexpected circumstances implies a balance between privatelaw and public law remedies. A specific core is then provided on the concessions of Stateownedproperty regarding beaches and beach facilities, given that the automatic extensionof the duration of these relationships, established by the Italian regulation for the pandemic,involves serious problems of compliance with European law. Hence, the final remarks underlinethe possible use of private law remedies as a regulatory tool aimed at ensuring marketcompetition and well-functioning.
2021
Contract Law
Frustration
Renegotiation
Remedies
Concession Relationships
Concessions of State-Owned Property
Market Regulation
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.14085/34783
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 0
  • ???jsp.display-item.citation.isi??? ND
social impact