Within the European national legal systems, the idea of contract is focused on the idea of patrimonial «exchange», which is expressed through notions as «corrispettività» and «onerosità» in the Italian Codice Civile or «bilateralité» and «onerosité» under the French law. At the present evolution of the EU contract law, the exchange continues to be a central concept in private law. However , a deeper analysis of the EU legal sources shows that the concepts used within the European law are different from those known under the domestic legal systems. As matter of fact, within the EU contract law, the exchange has different functions and lost its central function. Furthermore, in many case it became more important the discipline of the agreement with common purposes and the other agreement without exchange.
FALL OF THE EMPIRE OF THE EXCHANGE (WITHIN EU PUBLIC AND PRIVATE CONTRACT LAW)
CIPPITANI, Roberto
2015
Abstract
Within the European national legal systems, the idea of contract is focused on the idea of patrimonial «exchange», which is expressed through notions as «corrispettività» and «onerosità» in the Italian Codice Civile or «bilateralité» and «onerosité» under the French law. At the present evolution of the EU contract law, the exchange continues to be a central concept in private law. However , a deeper analysis of the EU legal sources shows that the concepts used within the European law are different from those known under the domestic legal systems. As matter of fact, within the EU contract law, the exchange has different functions and lost its central function. Furthermore, in many case it became more important the discipline of the agreement with common purposes and the other agreement without exchange.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
