6533b7dafe1ef96bd126f0e0
RESEARCH PRODUCT
Il diritto europeo e la «giustizia contrattuale»
Fabrizio Pirainosubject
Contractual justice good faith and fair dealing european contract law procedural justice substative justice judicial review.Settore IUS/01 - Diritto Privatodescription
The essay deals with the issue of « contractual justice » in light of European private law. The author reports the extreme variety of problems brought under the formula « contractual justice » and tries to propose a definition of the notion, restricting it to the legal institutions that allow for judicial review of the contractual relationship, in view of its rebalancing. The most intricate issue concerns the conditions under which these forms of intervention, moreover very heterogeneous, can be accomplished. The paper analyzes the main opinions that range from the concepts of procedural justice to that of substantive justice, proposing a reading that goes beyond the procedural conceptions.
| year | journal | country | edition | language |
|---|---|---|---|---|
| 2015-01-01 |