«Cooperazione»: tra obbligazione e contratto

The essay scrutinizes the connotations and roles associated with the term «cooperation» in the law of obligations and in the law of contracts, establishing a dialectical comparison with the concept of «performance». Within the fixed and unilateral framework of the law of obligations, «cooperation» invariably assumes a subsidiary role to performance, and its absence does not warrant the application of remedies for non-performance. Conversely, within the framework of contract law, wherein the party entitled to receive a performance is simultaneously obliged to reciprocate with a counter performance, it is recognized that cooperation assumes the character of an obligation. The non-performance of this cooperative obligation justifies the application of remedies for breach of contract. Moreover, in certain instances – particularly in contracts characterized by a pronounced relational component – the parties are not only obliged to cooperate to facilitate the performance of their obligations but also to address deficiencies in the contractual arrangement, thereby rectifying defects in the economic operation’s planning.