Ricerc@Sapienza

Contractual relations during a pandemic between emergency regulations and common law This article analyses the various emergency interventions in the private sector. In particular, it examines the rules concerning rental contracts, mortgages and travel contracts, all of which are affected by emergency provisions, partly in terms of contractual liability (with regard, for example, to reimbursement for travel) and partly in terms of price and cost provisions. The author concludes that it is very difficult under current Italian legislation to introduce remedies that are not typical such as termination. Moreover, it would have been appropriate, albeit complex, to identify general principles rather than particular rules that by definition do not cover all areas of negotiation. General clauses such as rebus sic stantibus, pacta sunt servanda and, in general the bona fide execution of the contract, are all aspects that may assist in the interpretation of the contract in the face of an emergency event.