PP991
Analítico de Periódico
ZAMBRANO, Virginia
Contratti di distribuzione e somministrazione : la tipicità tra ipersensibilità economica, attrazioni indesiderate, fughe tentate e suggestioni comparatistiche / Virginia Zambrano
Annuario di Diritto Comparato e di Studi Legislativi, v.7 (2016), p.513-542
DIREITO DOS CONTRATOS / Itália, CONTRATO DE DISTRIBUIÇÃO, CONTRATO DE FORNECIMENTO, DIREITO COMPARADO
Not only allows the diffusion of the “distribution and supply contracts” developing a survey on the adaptability of these contracts to the needs of the market, it also highlights the peculiar sensitivity of these contracts to place themselves at the service of well-differentiated economic interests, as to feed the debate on their nature, legal or economic. The difficult ascription to a single “nominate” contract, the unlikely acquisition of a social typicality (unless not talking of an economic typicality), the widespread variability of their contents — which sometimes involves both the objective and the subjective elements — prevent jurists from any coherent reconstruction of the “distribution and supply contracts”. From a systematic point of view, such structural complexity demonstrates, therefore, that the concepts of “freedom of contract”, “cause” and “contract” operate (within the italian legal system) as factors used by the Courts to detect the unitary function of the parties’ agreement. The comparative perspective, for its part, offers a varied and knotty regulatory framework in which the tension between a systematic approach and the escape from its rigidity is activated by an extraordinary socio-economic dynamics. Comparative Law can, in the face of so much diversity, only record the differences and probably guess the trend, leaving the economic comparison, rectius between markets, the task of better defining the “global” contours of the contract.