vincoli di forma e disciplina del contratto. dal negozio solenne al nuovo formalismo

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[automatically translated] lI volume critically examines the principle of freedom of form and its grounds in the light of the most recent legislative actions with particular regard to the Community-derived sources. Moving from the paradigm of the solemn shop and the structural void model that tradition associates you almost constantly, are considered first of all certain openings already present in the Civil Code and even more singular case law readings to report a panorama - Legislative and interpretative - much less "monolithic "than it appears at first sight and indeed characterized by a certain number with regard to models and functions of the formal requirement. Through a reflection on the rich post codicistica legislation already decidedly inclined to decline the sanctions to a formal defect in accordance with rules largely unpublished, then comes all'amplissimo framework provided by the so-called European contract law where to take shape is a surprising diversity of purposes and remedies. The outcome of a reflection on the individual disciplines (including: banking contracts, financial contracts, timeshare, vacation packages, subcontracting, unfair terms) comes profoundly changed the face of the form to substance that element, so to speak "neutral" for the completion of case bends to oversee compliance with the rules by which the system complies with the content or only completeness and transparency of contract as well as the ways in which occurs the meeting of minds between the parties, the sign of a renewed relationship between formalism and autonomy private.
Original languageItalian
Number of pages310
ISBN (Print)88-14-14184-3
Publication statusPublished - 2008

Publication series

NameCollana della Facoltà di Giurisprudenza dell'Università di Palermo

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