Sopravvenienze contrattuali ed esigenze solidaristiche nella giurisprudenza italiana dal tardo Ottocento all’avvento della Costituzione Repubblicana

di Alan Sandonà

Abstract: recent doctrinal elaborations affirm the existence in the Italian legal system, albeit in the absence of an explicit rule, of a duty to renegotiate the contract (based on Article 2 of the Constitution) in the event of contingencies capable of unbalancing the synallagm. The reflection underlying these reconstructions, enlivened by the context of the economic crisis and rekindled by the pandemic, involves fundamental aspects of our legal system; junctions that go beyond the emergency dimension and whose decryption can reveal a lot about the direction taken by the legal system, its relationship with the society that expresses it, the relationship between legislator and interpreter in the definition and implementation of the legal system and the limits within which the activity of the exegete can be considered legitimate, given a specific formal legal framework that responds to specific political models. From these premises derives the ancipital intent of this contribution; which, on the one hand, intends to reconstruct, for the current time between the «Giolittian era» and the enactment of the Republican Constitution, how jurisprudence has addressed the problem of contingencies, especially in consideration of the historicized solidarity requests in relation to the dramatic events of the first mid-twentieth century; on the other hand, considering the effect that the introduction of the Constitutional Charter had on the system of sources, verify, if and to what extent, from the preparatory works of it, the will of the constituents to give the principle of solidarity an expansive vision also emerges in the context of interpreted contractual relationships.

Keywords: Contractual solidarity – Duty of solidarity – Article 2 – Contingencies

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