Contracts – Wikipedia

The contracts It is that part of civil law that deals with bonds and contracts.

The study of the contracts has its roots in the history of man, since that is, he has learned to relate to other men with the aim of exchanging a good or performing other acts of disposition of his own assets, which we today lead back to the donation or succession. The man has always used contracts to improve or refine the regulation of his relationships with other subjects, often he has had to serve to overcome protection empties deriving from the absence of publicity rules. Even today, this situation seems to repeat itself, in fact a part of the political class believes that the contracts is sufficient to regulate the relationships that exist today between the de facto couples, considering the I say useless or the Pacs, while another party would like publicity rules.

Consumer protection [ change | Modifica Wikitesto ]

In recent years with the development of a regulation relating to consumer protection, contracts has assumed a role of greater socio -economic importance, in fact, professional figures have developed specialized in the study and creation of contracts mostly through the form. The goal of this class of jurists often at the service of the company is to create the so -called “unassailable contract”, that is, a contract that is able to avoid the birth of disputes, also taking into account the constitutional limits placed on contractual autonomy.

Competition between legal systems and comparative law [ change | Modifica Wikitesto ]

Part of the doctrine also committed to studying the effects of competition between different regulatory systems, taking into account that states are often led to modify their rules to attract investments or other economic advantages from abroad. The existence of several regulatory systems allows the contract for contracts to evaluate former ante where it is more convenient to put in place a contract or an obligation, for example by evaluating that it is more advantageous to found a company with registered office in Luxembourg, or open current accounts Banking in Switzerland rather than in France or Italy.

Contracts and international law [ change | Modifica Wikitesto ]

The context in which a commercial transaction develops with abroad is characterized by the diversity of legal systems, the diversity of rules, of customs, of meaning attributed to terms of common use that make a careful examination of the different contractual clauses necessary To seek the most suitable ones taking into account the countries in which the counterparty, of the counterparty itself, of the product sector, of the objectives that are set, of the volumes and/or the number of individual transactions resides, etc.

First of all, it is essential to inquire about the legal framework in which the contract will be inserted, identifying the existence or not of any constraints imposed by the laws in force in the country of the counterparty, which could make the choice of Italian law ineffective (if we opt for this) in) in Country of the counterparty.

As for the language to be used, it is important to specify in the text of the contract which the language to which the official value of the contract is is, avoiding that in the presence of translations in other languages, whose terms are similar, but can give rise to multiple interpretations , disputes relating to the provisions of the contract arise.

Interdisciplinary approach to the control of business risk.

In legal perspective, the contract has the function of generating legal, active and passive situations. In practice, the entrepreneur entrusts the contract with the task of removing the risk by himself, to move it to his client or supplier. In the economic perspective of production activities, therefore, the contract is a tool for controlling the business risk.

Applied contractualisticism makes this control concrete, combining different disciplines such as law, corporate organization and communication.