Las intervenciones del legislador italiano en relación con los aspectos de Derecho civil para hacer frente a la emergencia del COVID-19

01 Pubblicazione su rivista
BARBA, Vincenzo
ISSN: 2341-2216

The article proposes a reasoned list of the main measures adopted by the Italian legislator, with reference to civil law, to deal with the health emergency of Covid-19. The article analyzes only the measures concerning aspects of civil law, while it does not consider the important measures concerning labor law, procedural law and administrative law. The most comprehensive measure concerns the suspension of mortgage payments, especially mortgage for the purchase of family homes, while the most problematic measure is the one concerning the regulation of lease contracts. In this respect, the measures adopted are limited and require the lawyer to verify the possibility of applying the general rules of the contract and, in particular, the rule on partial impossibility. Important measures are also those relating to combined travel and travel contracts. With regard to these measures, which are similar to those adopted by other governments, it should be noted that the rules are not simple and very often seem to protect the business more than the consumer. The specific measures adopted, dictating a special discipline, exclude the application of the Consumer Code which would have provided a more favorable measure

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