This essay inquires the situation of concession contracts, by the prospect of its remedies. This field is very interesting for the role of the Public Administration, which is a part in a contract with public aims, and at the same time for the growing importance of the private subject who entered into the contract with the P.A. Given the above, the concession issue shows aspects of public law (especially in the first phase, where the P.A. entrusts the concession to a private contestant) but also of private contractual law, once the parties (P.A. and private contestant) have entered into the contract stemmed out from the entrustment. This perspective, in particular, is a good training ground to mark the boundaries between public and private law, but also to observe the increasing mixture between the respective remedies, in a ever more fluid jurisprudential, but also political, framework.
Frenda, D. M., I contratti di concessione tra i rimedi contrattuali e il potere pubblicistico di autotutela, <<REVISTA IUSTITIA>>, 2021; (9): N/A-N/A [https://hdl.handle.net/10807/231649]
I contratti di concessione tra i rimedi contrattuali e il potere pubblicistico di autotutela
Frenda, Daniela Maria
2021
Abstract
This essay inquires the situation of concession contracts, by the prospect of its remedies. This field is very interesting for the role of the Public Administration, which is a part in a contract with public aims, and at the same time for the growing importance of the private subject who entered into the contract with the P.A. Given the above, the concession issue shows aspects of public law (especially in the first phase, where the P.A. entrusts the concession to a private contestant) but also of private contractual law, once the parties (P.A. and private contestant) have entered into the contract stemmed out from the entrustment. This perspective, in particular, is a good training ground to mark the boundaries between public and private law, but also to observe the increasing mixture between the respective remedies, in a ever more fluid jurisprudential, but also political, framework.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.