Preliminary negotiation and private autonomy

Università degli Studi di Brescia
October 03 2017
Position Type
Full Time
Organization Type

The research focuses on the prelìminary contract and, more specifically, aims at analyzing the latest evolutions of this legal structure, as fostered by the case-law. developed in recent years with regards to the so called preliminary with anticipated effects and preliminary of a preliminary contract. lndeed, these recent structures of a preliminary contract have revealed the limits of the classìc one, that derives from a secular tradition; moreover, they demand fora new analysis of the essence of preliminary contract, of its function, and of the limits that private autonomy meets in using this tool. Such an analysis cannot be carried out without dealing with other very important problems of contract law, such as the non-application of the principia established by art. 1376 e.e., the possibility to negotiate possession, the progressive formation of the contract.

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