Osservazioni sulla buona fede nell’esecuzione dei contratti di durata
AVV. BARBARA VALENTE
OSSERVAZIONI SULLA BUONA FEDE NELL’ESECUZIONE DEI CONTRATTI DI DURATA
“The principle of good faith is considered, for a long time, in the private sector and, especially, in the contractual sphere, as a “receptor” of the social instances, doing so a function of regulation and adjustment of positive law. The good faith, as a tool for determining the content of the obligation, becomes the occasion for a general reflection on the contractual function and on the relations between private autonomy, legal system, judge’s role in the resolution of the conflicts, constitutional values and meta-contractual values.
The theme becomes more pressing when moving on the ground of the execution of long-term or relational contracts, requiring rules for mutual cooperation of the contracting parties. In a contrac- tual dynamics a factor comes into being, the time, with the possible incidence of disturbing elements. It’s the contractual risk that requires mechanisms to deal the contractual contingencies for its preservation. The executive good faith can be a source for a renegotiate, and, following the typical exigency of relational contracts, allows the realization of the contract put in place by the parties.”