This work aimed to demonstrate that termination’s retroactive effect, under the Italian system, no longer allows to consider the contract as a source of performance rights. Therefore, the contract should only be contemplated historically as a failed transaction, or rather, as a damage for the aggrieved party. Thus, such a party should be entitled to recover reliance damages, such as wasted expenditures and loss of chance, and not performance damages, i.e. the value of the performance of the contract. This study constituted a double challenge, as, first, the prevalent idea, under the Italian system, is that after termination for breach of contract the party aggrieved has the right to performance damages; second, because traditional doctrine restricts reliance damages solely to cases of pre-contractual liability.

MONTANARI, A. (2013). Il danno da risoluzione. Napoli : Jovene.

Il danno da risoluzione

MONTANARI, Andrea
2013-01-01

Abstract

This work aimed to demonstrate that termination’s retroactive effect, under the Italian system, no longer allows to consider the contract as a source of performance rights. Therefore, the contract should only be contemplated historically as a failed transaction, or rather, as a damage for the aggrieved party. Thus, such a party should be entitled to recover reliance damages, such as wasted expenditures and loss of chance, and not performance damages, i.e. the value of the performance of the contract. This study constituted a double challenge, as, first, the prevalent idea, under the Italian system, is that after termination for breach of contract the party aggrieved has the right to performance damages; second, because traditional doctrine restricts reliance damages solely to cases of pre-contractual liability.
2013
978-88-243-2258-4
MONTANARI, A. (2013). Il danno da risoluzione. Napoli : Jovene.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10447/233606
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