| RIVISTA SEMESTRALE - ISSN 2421-0730 - ANNO X - NUMERO 2 - DICEMBRE 2024

Recesso e abuso nei contratti tra imprese di Federica Nanci

ABSTRACT – The paper analyzes the category of abuse of rights in the field of business to business contracts, with particular reference to the termination, starting from the historic ruling of 2009 on so called «Renault case». The sentence represents an important moment in the reflection on abuse. By means of it a general principle prohibiting the abuse of rights was affirmed. It was intended as a criterion for assessing the conformity of the behavior of the parties, with respect to the general clause of good faith and fair dealing. This control must be more extensive and rigorous, according to the indications of the Supreme Court, in the presence of a disparity of contractual force. In relations between companies, this disparity can integrate a situation of economic dependence, whose abuse is prohibited by a specific provision, namely art. 9 l. 192/1998. This legal rule has assumed a central role in relations between companies, also thanks to the enhancement of the principle of abuse resulting from the Renault case. Through an examination of the most recent case law, the work aims to demonstrate, therefore, how the 2009 judgment has initiated an interpretative approach, in the matter of business to business contracts, aimed at attenuating the clear distinction between rules of validity and rules of conduct.
KEYWORDS –Business to business contracts, termination, abuse, good faith, economic dependence.

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