This article seeks to ascertain whether it is possible to reconcile the ideas of legal economists who believe that it is impossible to pursue equity by imposing single contractual clauses and those of classical legal scholars who assert that even contract law can and must be a tool for the...

This paper aims at discovering the situations where a limits of freedom of contract is justified in order to achieve efficiency or to give relevance to a theory of justice. In the work the category of market failure is used and with reference of every market failure potential limits to freedom...

The aim of this paper is to examine whether the Italian commercial impracticability doctrine reflects the efficient breach theory or the best risk bearer model. The conclusion is that in the Italian legal system there is a discipline that could be considered as a form of “modified” efficient...