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Vincenzo Roppo
Italy
The Author deals with some recent Italian developments concerning contract law. First, some acts transposing EC directives are briefly described (with special regard to the points where they prove to be to some extent autonomous or deviating from the European source). The directives are those on consumer sales, on late payments in commercial transactions, and on electronic commerce. Furthermore, three acts transposing directives in the area of labour contracts are mentioned. Then, attention is devoted to two new acts, not having a European origin: one regulating franchise contracts, and the other deeply reforming company law.
As to case law, two subjects are dealt with: a judgment by the Italian Constitutional Court, regarding unfair terms in consumer contracts; and some decisions by the Corte di Cassazione and the Consiglio di Stato, which may have a significant impact on a basic principle affecting the general structure of Italian (but not only Italian) contract law – the distinction between contract liability and tort liability.
European Review of Contract Law, Walter de Gruyter
Print ISSN: 1614-9920
Volume: 1, 07/2005
Pages: 273 - 284