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L’ermeneutica contrattuale tra diritto civile e diritto commerciale

Paolo Fraulini    Magistrato di Cassazione    

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abstract

The article analyzes the guidelines of the case law of the Supreme Court of Cassazione regarding the interpretation of the contracts, particularly with regard to the distinction between the preliminary contract and the final contract. Starting from the case decided in the judgment under review, where we discussed the nature of a preliminary or final contract for the sale of shares of a corporation, the discussion highlights some problematic aspects related to the different nature of the contracts of commercial law than those of civil law, the implications of which should be extended even at the level of hermeneutics.

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Copyright: © 2015 Paolo Fraulini. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.