News
Covid - 19: the Supreme Court promotes mandatory renegotiation
- 22/09/2020
The Office of the Supreme Court, on July 8, 2020, published a thematic report concerning the regulatory changes resulting from the Covid-19 emergency in the contractual and insolvency context.
After analyzing the recent emergency interventions in relation to traditional codicistic remedies, which, as is well known, have a predominantly "demolition" nature, the Supreme Court makes a decisive endorsement, with a view to conserving contractual relations, sanctioning the existence of the parties a duty to renegotiate the unbalanced relationship, basing this obligation on the principle of objective good faith.
However, a number of important critical issues remain, addressed in part by the Report, linked both to the judgment parameters made available to the judge to evaluate the renegotiation and to the provision that can be used by the judicial authority in the event of failure of the renegotiation activity.
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