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