The ongoing Coronavirus crisis has affected several business sectors, and it is becoming particularly challenging for contractual relationship between parties. Italian Civil Law provides different remedies designed to terminate the contract, as in the case of the performance of one of the parties becoming excessively burdensome ( art. 1467 c.c.), or in the case the obligation cannot be performed due to the impossibility of performance resulting from not attributable causes ( art. 1463 c.c.). But what can the parties do if they want to maintain their contractual rights and obligations? In this event, the modification of contract could be the answer to ensure the renegotiation of original agreement and the adjustment of his terms and conditions to the unpredictable occurred circumstances.
Coronavirus e contratto: il contratto modificativo come strumento di conservazione del rapporto
Emanuela Morotti
2020
Abstract
The ongoing Coronavirus crisis has affected several business sectors, and it is becoming particularly challenging for contractual relationship between parties. Italian Civil Law provides different remedies designed to terminate the contract, as in the case of the performance of one of the parties becoming excessively burdensome ( art. 1467 c.c.), or in the case the obligation cannot be performed due to the impossibility of performance resulting from not attributable causes ( art. 1463 c.c.). But what can the parties do if they want to maintain their contractual rights and obligations? In this event, the modification of contract could be the answer to ensure the renegotiation of original agreement and the adjustment of his terms and conditions to the unpredictable occurred circumstances.File | Dimensione | Formato | |
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7. Coronavirus e contratto, il contratto modificativo come strumento di conservazione del rapporto.pdf
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