LA PERSISTENTE (IN)ATTUALITÀ DEGLI ACCORDI TRA P.A. E PRIVATI. NOTE DI DIRITTO CIVILE

Rocco Alessio Albanese

doi:10.1437/100343

LA PERSISTENTE (IN)ATTUALITÀ DEGLI ACCORDI TRA P.A. E PRIVATI. NOTE DI DIRITTO CIVILE

Translated title of the contribution: The persistent (in)currency of the Agreements between Public Administrations and privates

Rocco Alessio Albanese

Research output: Contribution to journal › Article › peer-review

Abstract

The article deals with the agreements («accordi») between Public Administrations and privates, a quite discussed institution in the Italian legal framework. An analysis of statutory rules as well as of the most influential theories about this sort of contractual relationships is provided. The aim of the article is to contextualise and question those traditional views that trace agreements to the administrative domain and to a clear-cut distinction between public and private. In this respect, some major transformations of contract as a core legal institution are discussed from a private law-oriented critical perspective. The current complexity of contract law allows to overcome rather traditional approaches, to adopt a view inspired by legal institutionalism and to qualify such agreements as contracts.

Translated title of the contribution	The persistent (in)currency of the Agreements between Public Administrations and privates
Original language	Italian
Pages (from-to)	3-41
Number of pages	39
Journal	Politica del Diritto
Volume	52
Issue number	1
DOIs	https://doi.org/10.1437/100343
Publication status	Published - 1 Mar 2021
Externally published	Yes

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title = "LA PERSISTENTE (IN)ATTUALIT{\`A} DEGLI ACCORDI TRA P.A. E PRIVATI. NOTE DI DIRITTO CIVILE",

abstract = "The article deals with the agreements («accordi») between Public Administrations and privates, a quite discussed institution in the Italian legal framework. An analysis of statutory rules as well as of the most influential theories about this sort of contractual relationships is provided. The aim of the article is to contextualise and question those traditional views that trace agreements to the administrative domain and to a clear-cut distinction between public and private. In this respect, some major transformations of contract as a core legal institution are discussed from a private law-oriented critical perspective. The current complexity of contract law allows to overcome rather traditional approaches, to adopt a view inspired by legal institutionalism and to qualify such agreements as contracts.",

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author = "Albanese, \{Rocco Alessio\}",

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doi = "10.1437/100343",

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N2 - The article deals with the agreements («accordi») between Public Administrations and privates, a quite discussed institution in the Italian legal framework. An analysis of statutory rules as well as of the most influential theories about this sort of contractual relationships is provided. The aim of the article is to contextualise and question those traditional views that trace agreements to the administrative domain and to a clear-cut distinction between public and private. In this respect, some major transformations of contract as a core legal institution are discussed from a private law-oriented critical perspective. The current complexity of contract law allows to overcome rather traditional approaches, to adopt a view inspired by legal institutionalism and to qualify such agreements as contracts.

AB - The article deals with the agreements («accordi») between Public Administrations and privates, a quite discussed institution in the Italian legal framework. An analysis of statutory rules as well as of the most influential theories about this sort of contractual relationships is provided. The aim of the article is to contextualise and question those traditional views that trace agreements to the administrative domain and to a clear-cut distinction between public and private. In this respect, some major transformations of contract as a core legal institution are discussed from a private law-oriented critical perspective. The current complexity of contract law allows to overcome rather traditional approaches, to adopt a view inspired by legal institutionalism and to qualify such agreements as contracts.

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KW - Contract

KW - Legal Institutionalism

KW - Public-Private Divide

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LA PERSISTENTE (IN)ATTUALITÀ DEGLI ACCORDI TRA P.A. E PRIVATI. NOTE DI DIRITTO CIVILE

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