This paper investigates the opportunity of a Procompetitive interpretation of Private Law through an interdisciplinary analysis of Competition Law with Contract Law. The purpose of the research is to demonstrate that the traditional Civil Law might be differently considered and interpreted in the specific market where contractual obligation arises. Under this point of view, for example, it is necessary to adopt a new approach to the traditional notion of legal consideration of the contract, to the ancient rule in pari causa turpitudinis melior est condicio possidentis, to the doctrinal category of protection obligations. All these institutions of Private Law show a full regulatory efficiency in the perspective of Antitrust Law, so that studying nowadays Contract Law requires the interpreter to value both the single contract and the whole complex environment of market where each single contract is made. The final aim of this suggested method is to make Economy and Freedom of Contract more consonant with the value of Human Person.

Longobucco, F. (2013). The Procompetitive Interpretation of Private Law. EUROPEAN BUSINESS LAW REVIEW, 24(4), 431-435.

The Procompetitive Interpretation of Private Law

LONGOBUCCO, FRANCESCO
2013-01-01

Abstract

This paper investigates the opportunity of a Procompetitive interpretation of Private Law through an interdisciplinary analysis of Competition Law with Contract Law. The purpose of the research is to demonstrate that the traditional Civil Law might be differently considered and interpreted in the specific market where contractual obligation arises. Under this point of view, for example, it is necessary to adopt a new approach to the traditional notion of legal consideration of the contract, to the ancient rule in pari causa turpitudinis melior est condicio possidentis, to the doctrinal category of protection obligations. All these institutions of Private Law show a full regulatory efficiency in the perspective of Antitrust Law, so that studying nowadays Contract Law requires the interpreter to value both the single contract and the whole complex environment of market where each single contract is made. The final aim of this suggested method is to make Economy and Freedom of Contract more consonant with the value of Human Person.
Longobucco, F. (2013). The Procompetitive Interpretation of Private Law. EUROPEAN BUSINESS LAW REVIEW, 24(4), 431-435.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11590/138684
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