Covid-19 contagion containment measures and supervening impossibility of performance

The dramatic situation caused by the spread of SARS-CoV-2 virus (also known as Coronavirus or Covid-2019) has determined the enactment of contagion containment measures that, by including the suspension of some commercial and business activities and the limitation of individuals’ freedom of movement, had a significant impact on the ordinary performances of contracts. The paper analyses the dispositions enacted by the Italian Government in order to mitigate the negative consequences on contracts caused by the emergency situation, such as art. 28 d.l. March 2nd 2020, No. 9 (substituted by art. 88 bis d.l. March 17th 2020, No. 18) which deals with transportation and travel package contracts and art. 91, co. 1, d.l. No. 18/2020 which provides that compliance with Covid-19 contagion containment measures is always evaluated with the purpose of exclusion of debtor’s responsibility.