The disciplinary framework (in a comparative perspective) of adhesion contracts experienced a sharp shock in the second half of the seventies, with legislative interventions aimed at introducing various forms of content control, interventions that would later flow, with some compromising adjustments, into the directive 93/13. In recent times, starting from 2016, there has been, if not a new shock, at least a jolt that promises (threatens?) to re-orient the perception and interpretation of the topic. The new frontier poses, in particular, the problem of whether there should be content control also with regard to B2B agreements and, in case of a positive response, whether this control should take place by re-editing the indications dictated for contracts with consumers or unfold in a conceptually autonomous way, possibly focusing exclusively on settings where the disparity (however originated) of contract power produces so severe consequences as to jeopardize the very suitability, for the weaker party, to participate in the determination of the structure of the deal.

Clausole abusive e "terzo contratto" / Pardolesi, Roberto. - In: IL FORO ITALIANO. - ISSN 0015-783X. - 45:5(2020), pp. 197-211.

Clausole abusive e "terzo contratto"

Roberto Pardolesi
2020

Abstract

The disciplinary framework (in a comparative perspective) of adhesion contracts experienced a sharp shock in the second half of the seventies, with legislative interventions aimed at introducing various forms of content control, interventions that would later flow, with some compromising adjustments, into the directive 93/13. In recent times, starting from 2016, there has been, if not a new shock, at least a jolt that promises (threatens?) to re-orient the perception and interpretation of the topic. The new frontier poses, in particular, the problem of whether there should be content control also with regard to B2B agreements and, in case of a positive response, whether this control should take place by re-editing the indications dictated for contracts with consumers or unfold in a conceptually autonomous way, possibly focusing exclusively on settings where the disparity (however originated) of contract power produces so severe consequences as to jeopardize the very suitability, for the weaker party, to participate in the determination of the structure of the deal.
Condizioni generali di contratto, standard form, clausole abusive, diritto comparato, violenza economica, abuso di dipendenza economica
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11385/195147
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