Foto del docente

Barbara Grazzini

Associate Professor

Department of Legal Studies

Academic discipline: IUS/01 Private Law


Keywords: tender contract self-regulation subcontracting industry private autonomy abuse company consumer contracts sales communication law

- The protection of the weaker and professional contractor and the industrial subcontracting

 - Self-regulation and private autonomy

 - Abuse of economic dependence - Obligation to contract

 - The protection of the weaker consumer contractor

  • The protection of the weaker and professional contractor and the industrial subcontracting

Next to the discipline of the weaker consumer contractor protection have been developed in parallel regulations regarding the protection of the weaker professional contractor: so the law June 18, 1998 n. 198 in the field of industrial subcontracting, so the legislative decree October 9, 2002, n. 231 on the so-called commercial transactions. The discipline of the industrial subcontracting agreement contained in the law 192/1998 provides, in particular, interesting general theory cues and raises many issues also of systematic order and co-ordination with provisions of the Civil Code, as regards to both the general law on obligations and contracts, and the rules relating to individual contractual forms.

  • Self-regulation and private autonomy

The research explores the issues concerning relations between the self-regulation phenomena, with specific regard to the system of advertisement self-regulation, and state law, both in terms of the importance of the former in the latter and of ordinary Judge's interference powers and control on the self-regulatory rules and judgment. Particular interest topics are the qualification of the advertisement self-regulation membership clause, the nature of the proceedings before the Giurì, as well as the compliance judgement of the single self-regulatory rule to the rules of the state. The theme also has many points of contact with the Civil Code and specific regulation on competition, either in terms of the conventional limitations to itself or under that of unfair competition; with the rules on trademarks moreover. An interest topic is also the study of the different types of communication and its state regulation as self-regulatory. Some of these forms of communication, insofar as may be comparable or similar to the expression of thought, arouse also discussing about the possibility of their (self-) limitation.

  • Abuse of economic dependence - Obligation to contract

Article. 9 of Law 192/1998 contains a general prohibition of abuse of economic dependence in relations between firms which lies partly within the civil law of obligations and contracts, partly in the context of antitrust law. Among the questions posed by the rule is the scope of the prohibition (limited or not to the field of industrial subcontracting), the conditions for applying the discipline and the system of remedies. In that last regard, the question arises whether the rule is an obligation to contract or if this obligation can be taken in the process of legal mediation. The theme, which fits under the rules of protection of the (professional) weaker party, finds interesting points of contact with that of the general clause of good faith and with the figure of the abuse of the law, insofar as the extent of the integration powers as a matter of equity of the contract by the court.

  • The protection of the weaker consumer contractor

The legislation of consumer protection has been enhanced over the years of numerous interventions, mostly of Community origin, and it is now part of the Consumer Code (Legislative Decree no. 206/2005). Of particular interest is in this context, the rules on unfair terms, the ones on product liability for damages caused by defective product, and moreover the provisions relating to the so-called "Sales of consumer goods" and "lack of conformity." In this context and with regard to the rules on the sale of consumer goods, the subject of specific investigation has been the subjective scope of application (definition of consumer, vendor and manufacturer) as well as the objective scope of application of it in reference to the consumer goods definition. The analysis showed the characteristics and potentialities of the legislation under the investigated profiles, and also the transversal character of the same with each subsequent question and need for coordination and interaction with the Civil Code provisions relating to individual contractual forms.