SPECIAL ISSUE (2024)

Sustainable Legal Infrastructures: Comparative Responses Across Cultures and Systems

edited by Lucia Ruggeri, Lécia Vicente and Sara Zuccarino

 

The Involvement of Third Parties in Sustainable
Contracting Processes

by Gianna Giardini

Achieving the goals outlined in the UN 2030 Agenda will require new legal infrastructures to regulate social reality. Private autonomy plays a central role, but legal practitioners are called upon to rethink the traditional legal categories. The time has come to discuss the implementation of legal models that go beyond the relativity of the effects of the contract, considering the interests of third parties that may be affected by private contractual powers. In a new scenario, based on a logic of sharing and care, third parties must be concretely involved through consultation and information processes, and they must have a right of action if the right to be consulted is infringed. A reinterpretation of the general clause of good faith can drive the change. The purpose of this paper is to redefine a sustainable legal order in which the freedom of contract takes care of people and the environment.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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