Rischio e sopravvenienze

[Machine translation] The work is dedicated to the topic of the distribution of trading risk and the impact on it of the events that have occurred., The issue, much debated in modern civil law, of the legal effects of contingencies is examined through the lens of the theory of the basis of negotiation. It aims to safeguard the legal position of the contractor affected by an event that occurred, neither foreseen nor foreseeable at the time of the agreement and, on the other hand, to remedy the antinomy between reality and representation, an antinomy that ends up altering the original contractual balance considered as right by the self-determination of the parties., In this direction, the identification of techniques for protecting the interests vaunted by the party that has trusted in good faith, either on maintaining the factual or legal situation existing at the time of the agreement, or on the subsequent coming into existence of a common assumption, even if these interests have not been spelled out in an ad hoc clause, is paramount.