Abstract

FARINA, Marco. Completion of "incomplete" contract in Italian Law. Rev. Derecho Privado [online]. 2015, n.29, pp.113-139. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n29.06.

The author, after having briefly outlined the various issues relating to the identification of the object of the contract, and its possible incompleteness, focuses on the problem of the incompleteness of the contract itself. By addressing the topic from both an economic and legal perspective, the author attempts to identify the interplay between these two operational levels. The author then addresses the complex relationship between the incompleteness and invalidity of the contract, focusing on the role played by legal integration. He then deals with the specific causes of incompleteness and analyzes unforeseen occurrences in particular. Finally, the author analyzes the remedies offered by Italian contract law against contractual incompleteness, focusing on the use of the general clause of good faith.

Keywords : Contract law; law and economics; incomplete contract; doctrine of frustration; good faith.

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