Pandemic, wars and crises have led to renewed attention around legal institutions aimed at coping with contract contingencies and ensuring its maintenance. These factors are compounded by the new Public Contracts Code, which brings innovative rules on preserving the contractual balance in the time hiatus between perfection and execution. Among the NRP's milestones is the new Legislative Decree No. 36 of March 30, 2023, which, in Articles 9 and 120, allows the disadvantaged party to a public contract to invoke renegotiation in the face of extraordinary and unforeseeable circumstances. The provisions of the code call for careful reflection by the interpreter, including the civilist, on the controversial issue of renegotiation. The plan of investigation that is proposed moves from the analysis of relevant contingencies, theories on renegotiation as a technique for managing imbalance, the different meaning of the obligation to conclude the renegotiated contract, and, finally, the impact of the new Code, in order to draw some reflections de iure condito and de iure condendo.
Perrino, S. (2024). La rinegoziazione nel nuovo codice dei contratti pubblici. LUISS LAW REVIEW(2), 321-364.
La rinegoziazione nel nuovo codice dei contratti pubblici
Stefania Pia Perrino
2024
Abstract
Pandemic, wars and crises have led to renewed attention around legal institutions aimed at coping with contract contingencies and ensuring its maintenance. These factors are compounded by the new Public Contracts Code, which brings innovative rules on preserving the contractual balance in the time hiatus between perfection and execution. Among the NRP's milestones is the new Legislative Decree No. 36 of March 30, 2023, which, in Articles 9 and 120, allows the disadvantaged party to a public contract to invoke renegotiation in the face of extraordinary and unforeseeable circumstances. The provisions of the code call for careful reflection by the interpreter, including the civilist, on the controversial issue of renegotiation. The plan of investigation that is proposed moves from the analysis of relevant contingencies, theories on renegotiation as a technique for managing imbalance, the different meaning of the obligation to conclude the renegotiated contract, and, finally, the impact of the new Code, in order to draw some reflections de iure condito and de iure condendo.File | Dimensione | Formato | |
---|---|---|---|
Perrino-2024-Luiss Law Rev-VoR.pdf
Solo gestori archivio
Tipologia di allegato:
Publisher’s Version (Version of Record, VoR)
Licenza:
Tutti i diritti riservati
Dimensione
480.35 kB
Formato
Adobe PDF
|
480.35 kB | Adobe PDF | Visualizza/Apri Richiedi una copia |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.