Business dealings, driven by the need of stability in economic relations, devise standard techniques to adjust contractual conditions. Through automatic adjustment clauses, the parties set forth devices to determine the consideration by referring to extrinsic elements: indices, values, and other parameters on the basis of which the value of consideration is to be determined. The paper outlines the basic differences of the characteristics of a possible determination by third parties, as well as the issues relevant to supervening unconscionability, against other types of clauses (renegotiation clause, hardship clause, indemnity clause, etc.).
Clausola di adeguamento delle condizioni contrattuali
Gambino
2024-01-01
Abstract
Business dealings, driven by the need of stability in economic relations, devise standard techniques to adjust contractual conditions. Through automatic adjustment clauses, the parties set forth devices to determine the consideration by referring to extrinsic elements: indices, values, and other parameters on the basis of which the value of consideration is to be determined. The paper outlines the basic differences of the characteristics of a possible determination by third parties, as well as the issues relevant to supervening unconscionability, against other types of clauses (renegotiation clause, hardship clause, indemnity clause, etc.).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.