Tommaso Sica

Remedies for Unexpected Circumstances in the Pandemic and Regulation of Contractual and Concession Relationships

  • Abstract

Informations and abstract

Keywords: Contract Law, Frustration, Renegotiation, Remedies, Concession Relationships, Concessions of State-Owned Property, Market Regulation

The essay analyzes the impact of the pandemic on contracts, with particular reference to concession relationships. First, the author examines the interaction between Italian civil code rules and the new regulation for the Covid-19 crisis, also considering the European and comparative law perspective. In the second part, the focus shifts to the concession relationships, since, in the latter, the advent of unexpected circumstances implies a balance between private law and public law remedies. A specific core is then provided on the concessions of Stateowned property regarding beaches and beach facilities, given that the automatic extension of the duration of these relationships, established by the Italian regulation for the pandemic, involves serious problems of compliance with European law. Hence, the final remarks underline the possible use of private law remedies as a regulatory tool aimed at ensuring market competition and well-functioning

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