Description

In long-term contracts the topic of contingencies and corrective remedies is particularly important. The BGB (§ 313) and texts that derive from supranational bodies, such as The Principles of European Contract Law, the UNIDROIT Principles and the Draft Common Frame of Reference set out remedies in order to adapt the contract in the event of contingencies and other preconditions. Similar forms of protection are not provided for by the Italian Civil Code, whose remedies in the face of events stemming from a contingency often do not manage to meet the interest to preserve the relationship. The development of the sources highlights in particular the remedy of compensation and specific enforcement of the obligation to conclude a contract set out in art. 2932 of the Italian Civil Code, with important new features with respect to the past. After the direction taken by case law which accepts compensation for damage in the presence of a concluded and valid contract, the compensation remedy assumes the function of correcting the contract and not just upholding the economic operation. In short, what emerges from the compensation and specific protection are facts and operating techniques that justify and enable correction of a contract.