Within the European-continental tradition, the obligation is unthinkable without good faith and fair dealing. This is true on the historical level, but the impossibility of thinking of an obligation amputated of good faith is also evident in modernity and legal contemporaneity. There, good faith has been recognized as both a parameter of conformation of the relationship and a source of its integration, as well as the element capable of qualifying that social contact that otherwise would be destined either to irrelevance or to the protection of tort, provided that the legal conditions are met. With this, moreover, not only the richness of the obligation content is uncovered, but also a plurality of the obligation itself about its sources. The “neo-dogmatics” expressed in the category of supplementary or autonomous obligations of protection (obligation without performance) aim precisely at giving meaning and concreteness to the potential of the general clause of good faith and fairness. To do so, it proposes a model of typification that seeks systemic integration rather than rejecting it, offering a development of legal dogmatics. These are, in a nutshell, the coordinates that marked the drafting of the following pages. They are destined for publication in one of the volumes of the Treatise on Private Law edited by Salvatore Mazzamuto and are presented in excerpt form to ensure swift consultation.

Nicolussi, A., Portonera, G., Buona fede e correttezza nel rapporto obbligatorio, Giappichelli Editore, Torino 2023: 120 [https://hdl.handle.net/10807/253035]

Buona fede e correttezza nel rapporto obbligatorio

Nicolussi, Andrea
Co-primo
;
Portonera, Giuseppe
Co-primo
2023

Abstract

Within the European-continental tradition, the obligation is unthinkable without good faith and fair dealing. This is true on the historical level, but the impossibility of thinking of an obligation amputated of good faith is also evident in modernity and legal contemporaneity. There, good faith has been recognized as both a parameter of conformation of the relationship and a source of its integration, as well as the element capable of qualifying that social contact that otherwise would be destined either to irrelevance or to the protection of tort, provided that the legal conditions are met. With this, moreover, not only the richness of the obligation content is uncovered, but also a plurality of the obligation itself about its sources. The “neo-dogmatics” expressed in the category of supplementary or autonomous obligations of protection (obligation without performance) aim precisely at giving meaning and concreteness to the potential of the general clause of good faith and fairness. To do so, it proposes a model of typification that seeks systemic integration rather than rejecting it, offering a development of legal dogmatics. These are, in a nutshell, the coordinates that marked the drafting of the following pages. They are destined for publication in one of the volumes of the Treatise on Private Law edited by Salvatore Mazzamuto and are presented in excerpt form to ensure swift consultation.
2023
Italiano
Monografia o trattato scientifico
Giappichelli Editore
Nicolussi, A., Portonera, G., Buona fede e correttezza nel rapporto obbligatorio, Giappichelli Editore, Torino 2023: 120 [https://hdl.handle.net/10807/253035]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10807/253035
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