Sopravvenienze perturbative e rinegoziazione del contratto

"Perturbative supervening events and renegotiation of the contract"The author deals with the issue of the applicability of the remedy of renegotiation of the contract along with specific performance (so called «revision») in case of perturbative supervening events involvingthe contract. Article 1467 of the Italian civil code, indeed, does not provide for such remedy, thus raising the issue of whether article 1664 (related to construction contracts) would be applicabileby analogy. The author suggests a limited application by analogy of the latter considering article 1467 as a rational and general principle. Comparing the costs and the benefits of the revision, in fact, it would not be rational to prejudice the creditor's freedom of initiative in order to address contingencies pertaining to the debtor alone and not provided for in a contract which, in any event, does not have a specialistic-individualistic character such as the construction contract. Based on the general principle of article 1175, the revision must be implemented, on the contrary, every time the refusal to renegotiate prejudices severely thedebtor without being in any way justified by the need of the creditor to prevent a significant sacrifice of its own interests.