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1
Valentino, Daniela. "The Rent to Buy in Italy: Mater artium necessitas." European Business Law Review 29, Issue 2 (April 1, 2018): 325–44. http://dx.doi.org/10.54648/eulr2018012.
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The paper analyzes the legal issues of rent-to-buy contracts which are mostly preferred in times of crises due to the lack of liquidity and the increased difficulty in obtaining credit for house purchase. Scholars qualify these agreements as a sale subject to a deferred payment and constant installments. The complexity of the bargain could lead to reflect alternatively on two independent and autonomous yet connected contracts or a new contract, characterized by its unique and original purpose (“causa”). Indeed, the essential articulation of the monthly option credit and the monthly rent amount is a typical pattern in rent-to-buy agreements. Unsurprisingly, Art. 23 of the Law Decree n. 133 of 12 September 2014 makes a clear choice for the latter: a single contractual sequence composed of two elements, one of which is merely accidental. The author also points out that the new type of contract is part of a series of contracts of enjoyment finalized upon the subsequent purchase. The phenomenon is carefully analyzed in practice, based also on the experience and the debate in France, Germany and the United States.
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Venturi, Davide, Chiara Bizzarro, and Flavia Pasquini. "The Certification of Employment Contracts: A Legal Instrument for Labour Market Regulation in Italy." International Journal of Comparative Labour Law and Industrial Relations 26, Issue 1 (March 1, 2010): 103–15. http://dx.doi.org/10.54648/ijcl2010007.
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In a perspective of indirect regulation of the labour market, this paper analyses the Italian legal procedure known as ‘certification of employment contracts’ (hereinafter ‘certification’). This procedure consists of an examination of the lawfulness of employment and supply chain contracts. Contracts are submitted to a panel of experts in labour law (civil servants, professionals, academics) who undertake a review of the documentation, perform advisory functions and decide whether to award certification or not. The panel takes into account the key principles underlying certification: fairness, the true nature of the agreement between the parties, and compliance of the contract with objective organizational and productive requirements. Certification seeks to enforce labour standards through the proper use of contractual models, in order to manifest the true intention of the parties and to represent their interests. In this paper the issue is addressed from a regulatory perspective. First, it is noted that all employment and supply chain contracts are eligible for certification. Although apparently different, these contracts share a common matrix: the global process of ‘vertical disintegration’ of the firm. Second, certification is seen as a form of labour market regulation, which is neither a compulsory process, nor a matter of pure self-regulation. Rather, it may be seen as a form of enforced self-regulation, or ‘co-regulation’ undertaken on a voluntary basis by the parties, relying on the competence and expertise of the members of the certification panel, who act impartially. Employers are under no obligation to refer their contracts to a certification panel, but if they do so and receive a positive ruling, the certification gives the contract a legal presumption of fairness, certifying its conformity with legal principles for the purpose of preventing disputes at a later stage.
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CARACAUSI, ANDREA. "A reassessment of the role of guild courts in disputes over apprenticeship contracts: a case study from early modern Italy." Continuity and Change 32, no. 1 (April 19, 2017): 85–114. http://dx.doi.org/10.1017/s0268416017000029.
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AbstractThis article analyses the mechanisms of conflict resolution in apprenticeship contracts using a large database of disputes from early modern Italy. It finds that the guild court under investigation (the Padua Woollen Guild court) did not enforce training contracts, but rather sought to improve on incomplete contracts by adding clauses, thereby helping individuals renegotiate and redefine the contractual arrangements into which they had decided to enter. However, power relations within the court operated largely in favour of employers, both merchants and master craftsmen. The article concludes that alternative contract enforcement systems, such as municipal or state courts, were probably better suited than corporative systems for resolving disputes surrounding apprenticeship.
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Napoli, Francesco. "Corporate governance and firm networks: An empirical research based on Italy." Corporate Ownership and Control 15 (2018): 231–47. http://dx.doi.org/10.22495/cocv15i2c1p9.
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We examine problems of strategic change and innovation in Italian firms which develop cooperative relationships with other firms. The inter-firm network phenomenon has taken on such importance in Italy that, in 2009, the State issued a law (Decreto Legge 5/2009) specifically to regulate the concluding of cooperative contracts for the formation of inter-firm networks. This law offers firms that wish to keep their groups of owners separate the possibility to establish a multiplicity of inter-firm relationships through the signing of just one single contract, named “Contratto di rete”, which, in this paper, we will refer to as a “network contract”. For historical reasons, all firms in Italy, even those quoted on the stock market (Milan Stock Exchange), exhibit a high level of ownership concentration. The largest class of blockholders is that of families who are active in the family firm. As regards the size of firms that maintain cooperative relationships, data on network contracts show that 95% of the firms stipulating these contracts are small- or medium-sized enterprises (SMEs), so categorised because they have fewer than 50 employees. Through strategic alliances and collaborative relationships, Italian family firms have been able to develop business ideas that, as a consequence of the companies’ small dimensions, would have been impossible otherwise. On the basis of this premise, we considered it convenient to analyse small- or medium-sized family firms that developed relationships of cooperation regulated by network contracts in the period between 1/1/2013 and 31/12/2016. With reference to this category of firm, we analysed data on strategic change and innovation for a sample of 391 firms that accepted to be interviewed by us. Some of these firms had opened their top management teams (TMT) and/or their Boards of Directors to the participation of individuals from outside the dominant family, while others had not. The results of this research show that the firm that extends participation in the board or the Top Management Team by involving individuals from outside the dominant family, so as to gain better access to critical resources controlled by partners, creates a more favourable context for strategic change and innovation.
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Jentsch, Valentin. "Government Responses on Corona and Contracts in Europe: A Compilation of Extraordinary Measures in Times of Crisis." European Business Law Review 32, Issue 6 (December 1, 2021): 1067–91. http://dx.doi.org/10.54648/eulr2021039.
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In March 2020, the new coronavirus (Covid-19) outbreak, which was eventually declared a pandemic by the World Health Organization, changed everyday life all over Europe from one day to another. Under those extraordinary circumstances, a wide range of issues concerning the law of contracts are becoming particularly important. In the early stages of the pandemic, during lockdowns and a subsequent reopening of the economy, many European countries have implemented significant and unprecedented measures in response to the current crisis. Against this backdrop, the more fundamental question arises whether and to what extent we need an extraordinary law of contracts in times of pandemic. Drawing on five important civil law jurisdictions (Germany, Austria, Switzerland, France, Italy), the paper provides for an analysis and discussion of various extraordinary measures taken by European governments and puts these measures into perspective. A functional and comparative approach is used to elaborate on how contract law should respond to the current crisis. Coronavirus (Covid-19) pandemic, commercial contracts, consumer contracts, employment contracts, lease contracts
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Kuznetsova, S. S. "Topical issues of the realization and protection of human rights in the practice of smart contract technology application." Law Enforcement Review 6, no. 1 (March 24, 2022): 134–49. http://dx.doi.org/10.52468/2542-1514.2022.6(1).134-149.
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The subject and the aim of the study. The article analyzes the approach to smart contract technology, which is reflected in the scientific literature and legislation of Russia and foreign countries, formulates the advantages and disadvantages of a smart contract that affect the implementation and protection of certain constitutional rights, including freedom of contract, the right to protect, the right to manage personal data.Methodology. Guided by formal dogmatic and comparative law methods in research, the author formulates approaches to the concept of a smart contract that has been developed in the practice of foreign countries and deduces how each of the approaches affects the implementation of constitutional human rights. The paper notes that the use of a smart contract based on the federal blockchain does not allow the full implementation of such rights as freedom of contract, the right to self-defense, and the right to manage personal data. In addition, the transnational nature of smart contracts usage, their pseudonymity and failure to unified concept of legal regulation create obstacles to the effective implementation of the right to judicial protection.The main results. The practice of legal regulation of smart contracts in foreign countries, aimed at minimizing the negative consequences of the use of technology is considered. Some countries follow to the concept of recognizing a smart contract as a form of contract (Italy, United States, Republic of Belarus) and a way of guaranteeing fulfilment of obligations (China, Italy, Republic of Belarus, Russian Federation). The second concept is considered as being the most restrictive for digital progress from one side but being able to guarantee protection of human rights such as right to judicial protection or freedom of contract. The first concept which shows smart contract being a type of contract carries additional risks associated with conclusion of a treaty - inconsistency of the smart contract with the actual will of the parties. The third concept considered smart contract as a type of contract is accepted in the Republic of Malta. The Republic of Malta regulated procedure of voluntary certification for smart contracts that allow to eliminate such threats as violation of human rights and the use of smart contracts for criminal purposes. The experience of legal regulation of smart contracts in the Republic of Malta is recognized as reasonable and effective, however, it is concluded that certification will achieve its goals only if it will be implemented in the legal system of wide range of the countries.Conclusions. It is concluded that despite the fact that the smart contract technology has high potential for its implementation in various fields of social and economic life, the effective implementation of smart contract technology in various spheres of society requires the formation of general legal principles for their application, the definition of areas in which the use of smart contracts is prohibited, as well as the development of international standards for their safe execution.
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Valentino, Daniela. "Software Assistance and Maintenance Contracts." European Business Law Review 27, Issue 4 (August 1, 2016): 535–53. http://dx.doi.org/10.54648/eulr2016024.
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The paper analyzes the legal issues related to software assistance and maintenance agreements. Contracts generally provide for highly diverse performances and are aimed at providing a global service. Since the assistance and maintenance agreement generally entails a long-term relationship, the regulations for long-term supply contract’s apply. Nevertheless, in specific circumstances, even the rules for service contracts may be applied. In Italy, like in other EU jurisdictions, the applicable regulatory framework depends on the content of the contract. The provider company naturally tends to restrict its liability in proportion to effectively commissioned activity. Exclusion clauses including intentional damage or gross negligence are void, while par. 2 of Article 1229 of the Italian Civil Code permits limitation of liability in cases of minor negligence. The impossibility of changing contractual terms disadvantages the weaker contracting party and the procedure imposed by par 2 of Art. 1341 c.c. has proved inadequate to protect the customer. Art. 9, of Law n 192 of 18 June 1998 (“Disciplina della subfornitura nelle attivita produttive”), which is now considered to be general principle allows exclusion clauses providing for minor negligence to be deemed void, if they oversimplify the debtor position, by defining the requirements of minor negligence. In addition, clauses regarding exclusion or limitation of liability towards third parties, beyond the limit set by Art. 1229, require an assessment based on the nature of the interest which is concretely protected.
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Rizzo, Ilde. "Efficiency and Integrity Issues in Public Procurement Performance." Journal of Public Finance and Public Choice 31, no. 1 (April 1, 2013): 111–28. http://dx.doi.org/10.1332/251569213x15664519748613.
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Abstract The paper offers an overview of some theoretical and empirical issues underlying the performance of public works contracts and outlines the connections between efficiency and integrity. It is stressed that performance strongly depends on the rules governing the various phases of the contract: because of the specific features of public works, the efficiency of open procedures to select the contractor is questioned and the relevance of the implementation phase for the outcome of public procurement is emphasized. Looking at the Italian case, some examples of empirical investigation on the performance of these contracts are provided and a discussion of the existing rules is offered. Costs overruns and delays, characterizing most public works contracts, are ‘red flags’ of poor performance and suggest that more attention should be given to the execution phase. A policy implication stemming from the analysis is that in Italy incentive schemes for procurement officers, to make them outcome-oriented rather than procedure-oriented, are needed: more discretion and responsibilities would call for adequate rewards and would require effective ex-post monitoring systems, also through benchmarking analyses. In this direction, standard costs need to be taken into consideration and implemented and, at the same time, a careful use of transparency is advocated to enhance accountability and to promote the integrity of public action.
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Di Lorenzo, Pierpaolo, Mariano Paternoster, Mariarosaria Nugnes, Giuseppe Pantaleo, Vincenzo Graziano, and Massimo Niola. "Professional dental and oral surgery liability in Italy: a comparative analysis of the insurance products offered to health workers." Open Medicine 11, no. 1 (January 1, 2016): 256–63. http://dx.doi.org/10.1515/med-2016-0051.
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AbstractIntroductionIn Italy there has been an increase in claims for damages for alleged medical malpractice. A study was therefore conducted that aimed at assessing the content of the coverage of insurance policy contracts offered to oral health professionals by the insurance market.Material and methodsThe sample analysed composed of 11 insurance policy contracts for professional dental liability offered from 2010 to 2015 by leading insurance companies operating in the Italian market.ResultsThe insurance products analysed are structured on the “claims made” clause. No policy contract examined covers the damage due to the failure to acquire consent for dental treatment and, in most cases, damage due to unsatisfactory outcomes of treatment of an aesthetic nature and the failure to respect regulatory obligations on privacy.DiscussionOn entering into a professional liability insurance policy contract, the dentist should pay particular attention to the period covered by the guarantee, the risks both covered and excluded, as well as the extent of the limit of liability and any possible fixed/percentage excess.ConclusionsWhen choosing a professional liability contract, a dentist should examine the risks in relation to the professional activity carried out before signing.
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Rundo and Luigi Di Stallo. "A Review of the Main Issues on the Loan Contracts: Asymmetric Information, Poor Transparency, and Hidden Costs." Economies 7, no. 3 (September 4, 2019): 91. http://dx.doi.org/10.3390/economies7030091.
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The well-known subprime mortgage crisis, which began to manifest in early 2007, since when the effects of the speculative bubble begin to become evident from the increase in default rates in residential mortgages, has triggered a global crisis that has pushed various legislations over time to implement a series of financial reforms with the specific objective of avoiding that similar phenomena could be repeated over time. The ability to repay a loan is strongly influenced by the amortization algorithm that the bank has decided to adopt. This appears even more evident in variable interest rate loans since, as the economic conditions of the indexation parameter change, the definition of the loan balance and the related portion of interest will be decisive in relation to the borrower’s ability to repay the loaned capital. A study of the main amortization algorithms and the related descriptions in the bank contracts will allow us to show which are the main issues due to an information asymmetry that, unfortunately, characterizes this type of contract and would seem to be one of the main reasons that lie at the root of the aforementioned crisis of subprime mortgages in the USA. Moreover, the authors will provide a clear analysis of the financial indicators usually reported in loan contracts and how often these indications are insufficient to characterize the actual cost of the loan. Furthermore, by highlighting the discretionary choice that banks often obtain following the contractual loan schemes commonly offered to retail and corporate clients, we will show how this often translates into greater cost to the borrower. Finally, we will propose two possible solutions to the problems highlighted, thus allowing us to reduce this information gap, which unfortunately translates into greater costs for customers with the associated increase in default rates, or the so-called nonperforming loan (NPLs) contracts. Therefore, the objective of this contribution is to show which are the most critical aspects of the bank contracts related to contractual transparency and to the presence or otherwise of hidden costs, i.e., not expressly shown in the contract. Specifically, we refer to the loan contracts issued in Italy both with reference to the local banking legislation and to the European one to which Italy must often refer.
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Picchio, Matteo. "Temporary Contracts and Transitions to Stable Jobs in Italy." Labour 22, s1 (June 2008): 147–74. http://dx.doi.org/10.1111/j.1467-9914.2008.00415.x.
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Padoa, Fabio. "The Use of Ecu in Insurance Contracts in Italy." Geneva Papers on Risk and Insurance - Issues and Practice 15, no. 4 (October 1990): 399–401. http://dx.doi.org/10.1057/gpp.1990.27.
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Albano, Gian Luigi. "On the Problem of Quality Enforcement in Centralized Public Procurement." Journal of Public Finance and Public Choice 31, no. 1 (April 1, 2013): 145–55. http://dx.doi.org/10.1332/251569213x15664519748631.
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Abstract Demand aggregation is widely recognized as a efficiency-enhancing solution in public procurement. The technique of framework agreements represents possibly the most effective solution to struck a balance between contract standardization and customization. Central purchasing organizations in many countries are progressively relying on framework agreements to aggregate demand of different public buyers. By splitting the procurement process (until the award phase) between separate entities, such an organizational model in public procurement may, however, generate low incentives to enforce quality at the contract execution stage. In this paper, we review some evidence of contract mismanagement borrowing from the experience of the National Frame Contracts awarded by Consip S.p.A. in Italy and also discuss possible remedies.
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Alvino, Ilario, and Carlo La Rotonda. "Contratto di rete e codatorialità: il lavoro come fattore di aggregazione e crescita delle medie, piccole e microimprese." Sinappsi 12, no. 3 (2022): 50–65. http://dx.doi.org/10.53223/sinappsi_2022-03-3.
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The essay examines the spread in Italy of the phenomenon of aggregation between small and medium-sized enterprises and the importance that the co-employment relationships can have as a stimulating factor. From the perspective indicated, the data relating to the use of the network contract are discussed in the first part. In the second part, the technical methods with which co-employment relationships can be established are explored. The conclusions discuss the function that can be performed by the certification of employment contracts.
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Savchuk, Sergiy. "Special aspects of legal regulation of fixed-term employment contracts of some European countries." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 286–90. http://dx.doi.org/10.36695/2219-5521.2.2020.54.
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The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.
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OGLETHORPE, STUART. "The End of Sharecropping in Central Italy after 1945: The Role of Mechanisation in the Changing Relationship between Peasant Families and Land." Rural History 25, no. 2 (September 4, 2014): 243–60. http://dx.doi.org/10.1017/s0956793314000089.
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Abstract:This article focuses on the mechanisation of agriculture in central Italy in the thirty years or so after 1945. This provides a particular way of examining the major changes in the rural landscape in this period, especially the end of the sharecropping system. Land in these regions had for centuries been predominantly farmed under sharecropping contracts, but for political, economic, and demographic reasons this system, which had inhibited modernisation, entered a rapid decline. Whereas labour supply had previously exceeded demand, the reverse became the case, allowing sharecropping families more freedom in how they operated. Mechanisation was not a ‘push’ factor, but as the agricultural labour force contracted it was a necessary response. The article uses individual testimony to illustrate how tenant farmers started to work outside the sharecropping contract, some becoming outside contractors with other farms and supplying tractor hire. The mechanisation of agriculture was slow and uneven, but marked an irreversible change in the relationship between farming families and their land.
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Vecchi, Veronica, Francesca Casalini, Niccolò Cusumano, and Velia Maria Leone. "PPP in Health Care—Trending Toward a Light Model: Evidence From Italy." Public Works Management & Policy 25, no. 3 (April 22, 2020): 244–58. http://dx.doi.org/10.1177/1087724x20913297.
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Italy, as many other countries, adopted the design–build–finance–maintain (DBFMO) Anglo-Saxon model to build new hospitals. This model proved to be rigid, nontransparent, nonvalue for money, and unaffordable. The aim of this article is to analyze the main drawbacks of the traditional DBFMO public–private partnerships (PPP) contract applied to the health care sector, by referring to the Italian experience, and to discuss the evolutions, conceived through an inductive/deductive approach, conducted in a context of deep collaboration between academia, health care authorities, and market players to make PPP contracts more value for money, flexible, and affordable. The article provides also an example of the role of academia in closing the rigor–practice gap by supporting and facilitating an institutional change.
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Vergani, Marco. "The Tax Treatment of Network Contracts." EC Tax Review 20, Issue 5 (October 1, 2011): 255–58. http://dx.doi.org/10.54648/ecta2011029.
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In April 2009, Italy adopted a law on the 'network contract', under the auspices of the Small Business Act (SBA), aimed at enhancing collaboration among enterprises to increase their potential for innovation, research, and development. This article provides a brief description of the essential elements of the network contract under Italian law as well as the fiscal measures introduced by Article 42 of Law Decree No. 78 of 31 May 2010 in order to support company networks. In conclusion, we will briefly examine the reasons why such fiscal measures were not considered a State aid by the European Commission.
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Tiraboschi, Michele. "Productive Employment and the Evolution of Training Contracts in Italy." International Journal of Comparative Labour Law and Industrial Relations 22, Issue 4 (December 1, 2006): 635–49. http://dx.doi.org/10.54648/ijcl2006030.
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Santeramo, Fabio Gaetano. "Imperfect information and participation in insurance markets: evidence from Italy." Agricultural Finance Review 78, no. 2 (April 3, 2018): 183–94. http://dx.doi.org/10.1108/afr-06-2017-0053.
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Purpose The purpose of this paper is to investigate how experience in insurance contracts may influence participation in the Italian crop insurance market. Design/methodology/approach From Italian farm-level data, the author estimates a dynamic discrete choice model of participation to investigate the role of experience. The methodology, coupled with exploratory analysis of the data, allows one to compare the relevance of different sources of experience in the crop insurance decision-making process. Findings The author found that experience tends to be a catalyst for insurance participation. Policy implications are discussed, in particular, the author discusses on the importance of bolstering uptake to exploit the advantages of the inertia that emerge from experience, and the importance of initiatives to increase the knowledge of crop insurance instruments. Originality/value To the best of the author’s knowledge, the role of experience has been underinvestigated. The analysis has the specific contribution of modeling the potential role of experience (exploited after buying an insurance contract) on uptake in crop insurance programs.
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Aureli, Selena, and Fabio Forlani. "The effects of formal networks on territorial tourism offers. Current usage of network contracts in Italy." European Journal of Tourism Research 10 (July 1, 2015): 76–94. http://dx.doi.org/10.54055/ejtr.v10i.180.
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This study aims to understand the benefits contractual inter-firm networks offer to existing territorial tourism systems in Italy. Preference has been given to a qualitative approach. Data collection was based on document analysis (i.e. information reported in written contracts as well as text and images published on web sites) and in-depth semi-structured interviews. Results indicate that usage of a relatively new legal mechanism (the network contract) designed to form stable inter-organisational networks is increasing in the tourism sector. These networks help promote existing territorial tourism systems in different ways and to different extents. In some cases, alliances create and promote a tourism proposal that enhances the territorial offer, while in other situations alliances succeed in identifying and communicating a specific territorial area previously left unmanaged.
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lo Storto, Corrado. "Benchmarking operational efficiency in the integrated water service provision." Benchmarking: An International Journal 21, no. 6 (September 30, 2014): 917–43. http://dx.doi.org/10.1108/bij-11-2012-0076.
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Purpose – This is a benchmarking study and the purpose of this paper is to investigate if there is any association between operational efficiency in the integrated water management industry in Italy and the typology of service providers, and as a consequence, the nature of concession contract. Design/methodology/approach – The study is focussed on 38 optimal territorial areas (ATOs), e.g. a circumscribed geographical area where the provision of integrated water services is considered efficient. It uses Data Envelopment Analysis (DEA) to calculate ATO efficiency and a stepwise regression procedure performed to investigate the effect of contract type on the operational efficiency rate of the ATO. Findings – This study shows that there are some inefficiencies in the water service supply industry in Italy. The estimated average pure technical and scale efficiency of ATOs are 92.62 and 93.91 percent, respectively, while the average technical efficiency is 87.61 percent and the lowest is slightly higher than 13 percent. Operational inefficiencies might not be determined by size only. In fact, results show that the water service provider and contract agreement typologies are associated with efficiency. In particular, operational efficiency is higher in those ATOs where the water service supply concession contracts that fit the schemes of the new legislative framework prevail or where the service is mostly provided by a private equity owned or by mixed public-private companies. Research limitations/implications – It was assumed that any incremental level of water quality beyond the minimum acceptable threshold as required by law is not important to increase the operation efficiency score; henceforth, no variables measuring the water quality were introduced in the DEA model. The result of the study may be not fully representative of the Italian water service sector, because the unavailability of accurate and consistent public databank in Italy did not allowed to have a larger sample. Practical implications – This paper is one of the first in Italy to investigate the association between the operational efficiency of the ATOs and the nature of water service providers and contract agreements used. Originality/value – This paper is one of the first in Italy to investigate the association between the operational efficiency of the ATOs and the nature of water service providers and contract agreements used.
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Lener, R. "THE DEVELOPMENT OF FINTECH IN ITALY AND IN EUROPE." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (April 7, 2021): 126–39. http://dx.doi.org/10.17803/2311-5998.2021.77.1.126-139.
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The author focuses on various aspects of the technological development of society and their impact on the legal sphere. Fintech, smart contracts, mechanisms of digital consulting on the securities market, shering technologies and other innovative components of modern legal realities have been reflected in comparative legal research of approaches to legal regulation in Italy and Europe.
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Sciulli, Dario. "On-the-job-training contracts in Italy: Training or flexibility device?" Cuadernos de Economía 36, no. 102 (September 2013): 168–83. http://dx.doi.org/10.1016/j.cesjef.2013.04.002.
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Curtis, Mary B., Jeremy M. Vinson, Teresa L. Conover, Lorenzo Lucianetti, and Valentina Battista. "National Culture and Ethical Judgment: A Social Contract Approach to the Contrast of Ethical Decision Making by Accounting Professionals and Students from the U.S. and Italy." Journal of International Accounting Research 16, no. 2 (June 1, 2017): 103–20. http://dx.doi.org/10.2308/jiar-51824.
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ABSTRACT Globalization defines the business world today, yet globalization also leads to many types of misunderstandings regarding ethics, motives, and trust. We apply the theory of social contracts for the purpose of aiding the understanding of moral diversity arising from globalization. Specifically, we seek to better understand how country of origin, and role within country, lead to community “microsocial” norms that inform social contract ethical judgments. A total of 695 managerial accounting professionals and accounting students from Italy and the U.S. completed the survey. Employing a moderated mediation model, we find that country of origin is significantly related to intended behaviors in two business situations, and this relationship is mediated by social contract ethical judgment. Further, the impact of national culture on social contract ethical judgment is moderated by role (professional versus student). Multiple mediation analysis supports our contention that contractual evaluations precede moral equity assessments and that both contractual and moral equity ethical judgments affect ethical intentions.
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Wiesemann, Hans Peter, and Elena Falletti. "Internet Auctions and Harmonization. A comparison between Italy and Germany." European Review of Private Law 14, Issue 1 (February 1, 2006): 3–21. http://dx.doi.org/10.54648/erpl2006001.
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The aim of this article is to demonstrate how harmonization of private law especially in the field of European Directives on E-commerce and distance contracts is working in the market of Internet Auctions where parties are contracting without intermediaries. The authors have chosen the topic of Internet Auctions because it is a very important modality to sell goods through the Internet, easily crossing borders of national sovereignty. First of all, the authors give an overview over the existing Internet Auction models and the way of concluding contracts in such an Auction. Then, they provide an overview over the relevant European Directives in the field of Internet Auctions, the implementation of the Directives in the different national legal systems and the related national case law.Several differences between Italy and Germany are highlighted. One of these differences is the way to solve disputes between consumers: in Germany, these disputes are decided by courts while in Italy the solution is found through Alternative Dispute Resolution. Despite all the differences, several similarities are identified, like the desire to monitor transactions in E-commerce. In the end, each system can benefit from the results found in the other.
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Hoffmann, Eran B., Davide Malacrino, and Luigi Pistaferri. "Earnings dynamics and labor market reforms: The Italian case." Quantitative Economics 13, no. 4 (2022): 1637–67. http://dx.doi.org/10.3982/qe1865.
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This paper summarizes statistics on the key aspects of the distribution of earnings levels and earnings changes using administrative (social security) data from Italy between 1985 and 2016. During the time covered by our data, earnings inequality and earnings volatility increased, while earnings mobility did not change significantly. We connect these trends with some salient facts about the Italian labor market, in particular the labor market reforms of the 1990s and 2000s, which induced a substantial rise in fixed‐term and part‐time employment. The rise in part‐time work explains much of the rise in earnings inequality, while the rise in fixed‐term contracts explains much of the rise in volatility. Both of these trends affect the earnings distribution through hours worked: part‐time jobs reduce hours worked within a week, while fixed‐term contracts reduce the number of weeks worked during the year as well as increase their volatility. We only find weak evidence that fixed‐term contracts represent a “stepping‐stone” to permanent employment. Finally, we offer suggestive evidence that the labor market reforms contributed to the slowdown in labor productivity in Italy by delaying human capital accumulation (in the form of general and firm‐specific experience) of recent cohorts.
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Pastore, Patrizia, Antonio Ricciardi, and Silvia Tommaso. "Contractual networks: an organizational model to reduce the competitive disadvantage of small and medium enterprises (SMEs) in Europe’s less developed regions. A survey in southern Italy." International Entrepreneurship and Management Journal 16, no. 4 (December 18, 2019): 1503–35. http://dx.doi.org/10.1007/s11365-019-00616-2.
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AbstractLimitations faced by southern Italy’s small enterprises due to their dimensions may be overcome by cooperation strategies and network contracts. The international literature has highlighted that effectively governed business networks appear to more successfully allow partner firms to improve their economic performance and survive over time. This paper combines qualitative and quantitative analyses to test the above hypothesis. It also analyses the performance of southern Italian firms that have joined business network contracts equipped with legal personality — the so called “reti soggetto” or “heavy contractual networks” (HCNs) — compared to firms participating in business networks based only on contractual agreements, devoid of legal personality—the so called “reti contratto” or “light contractual networks” (LCNs). Our findings demonstrate that only 13% of all registered business networks are in fact operative. Among the networks with legal personality, approximately 28% are active networks. A similar trend was observed for network contracts devoid legal personality: only 11% are truly active. Performance measures (including profitability, financial situation indicators, and debt sustainability) also differ for firms belonging to HCN, compared to those belonging to LCN, in the years following the subscription of the network contract. Empirical analysis suggests that HCNs have significant positive effects on the performance of participant firms. We thus propose to verify the conditions that strengthen business networks in the south of Italy. We also recommend promoting the establishment of networks with juridical subjectivity. Such networks can be effective tools to strengthen the competitiveness of SMEs despite external diseconomies, which can markedly improve their creditworthiness.
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Jentsch, Valentin. "Contractual Performance, Breach of Contract and Contractual Obligations in Times of Crisis: On the Need for Unification and Codification in European Contract Law." European Review of Private Law 29, Issue 6 (December 1, 2021): 853–84. http://dx.doi.org/10.54648/erpl2021045.
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The sanctity of contracts, a guiding principle of contract law in civil law systems, requires that both or all contracting parties be expected to meet their contractual obligations, thereby ensuring efficacy and efficiency of private ordering. Under extraordinary circumstances, however, legal systems provide for mechanisms, which may excuse contractual performance or lead to adaption or termination of contractual obligations. Since the coronavirus pandemic, these mechanisms have clearly gained traction. Drawing on five important civil law jurisdictions (Germany, Austria, Switzerland, France, Italy), this article elaborates on excuses of contractual performance and remedies for breach of contract and on adaption or termination of contractual obligations. The article aims to address the fundamental questions, whether these excuses and remedies and institutions on adaption or termination still serve their purpose in times of pandemic or whether and to what extent a uniform breach of contract action or a codification of such institutions is needed in European Contract Law. A functional and comparative approach is used to unfold and analyse these timeless questions from a contemporary perspective.
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Katz, Dana E., and Michelle O'Malley. "The Business of Art: Contracts and the Commissioning Process in Renaissance Italy." Sixteenth Century Journal 38, no. 2 (July 1, 2007): 612. http://dx.doi.org/10.2307/20478472.
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Adamopoulou, Effrosyni, and Ernesto Villanueva. "Wage determination and the bite of collective contracts in Italy and Spain." Labour Economics 76 (June 2022): 102147. http://dx.doi.org/10.1016/j.labeco.2022.102147.
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O'Malley (book author), Michelle, and David Packwood (review author). "The Business of Art: Contracts and the Commissioning Process in Renaissance Italy." Renaissance and Reformation 30, no. 2 (January 1, 2006): 140. http://dx.doi.org/10.33137/rr.v30i2.9583.
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Brouwer, Maria. "Managing Uncertainty through Profit Sharing Contracts from Medieval Italy to Silicon Valley." Journal of Management & Governance 9, no. 3-4 (September 2005): 237–55. http://dx.doi.org/10.1007/s10997-005-7420-4.
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Grandis, F. G., and Giorgia Mattei. "The Governance model in the italian public entities after more than a quarter of a century since the reform." Corporate Ownership and Control 14, no. 1 (2016): 128–38. http://dx.doi.org/10.22495/cocv14i1p12.
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To identify the governance model “traditionally” used in Italy, is important to analyse the different types of organizational models, identifiable in the Public sector when considering, simultaneously, two different variables: 1.the distribution of power between politicians and managers; 2. the nature of the manager’s employment contracts. In Italy, by the reform, the “traditional” period ended to make way for a “modern” governance model which invaded the organizational aspect of public Administrations. Now, more than 25 years since the principle of distinction was introduced, it is time to understand if the innovations are really applied.
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Mussida, Chiara, and Dario Sciulli. "Flexibility Policies and Re-employment Probabilities in Italy." B.E. Journal of Economic Analysis & Policy 15, no. 2 (April 1, 2015): 621–51. http://dx.doi.org/10.1515/bejeap-2013-0180.
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Abstract We analyze the effects of Italian labor market reforms “at the margin” on the probability of exiting from non-employment and entering permanent and temporary contracts, using WHIP data for the period 1985–2004. We find that the reforms have strengthened the duration dependence parameter, meaning a stronger labor market gap in employment opportunities between the short- and long-term non-employed. We suggest that in a flexible labor market, long-term unemployment is used by firms as a screening device to detect less productive workers. We also find evidence of greater differences in employment opportunities according to gender, and of reduced differences between regional labor markets.
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Hernanz, Virginia, and Luis Toharia. "Do Temporary Contracts Increase Work Accidents? A Microeconometric Comparison between Italy and Spain." Labour 20, no. 3 (September 2006): 475–504. http://dx.doi.org/10.1111/j.1467-9914.2006.00338.x.
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Tealdi, Cristina. "The Adverse Effects of Short‐term Contracts on Young Workers: Evidence From Italy." Manchester School 87, no. 6 (February 3, 2019): 751–93. http://dx.doi.org/10.1111/manc.12265.
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ETRO, FEDERICO, and LAURA PAGANI. "The Market for Paintings in Italy During the Seventeenth Century." Journal of Economic History 72, no. 2 (May 30, 2012): 423–47. http://dx.doi.org/10.1017/s0022050712000083.
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We study the seventeenth-century market for figurative paintings in Italy analyzing original contracts between patrons and artists. We show that a number of supply and demand factors affected prices. We find a positive and concave relation between prices and size of paintings reflecting economies of scale. We show evidence of a positive relationship between prices and the number of figures depicted. Trade in paintings was sufficient to equalize prices between different destinations. Finally, we provide support for the Galenson hypothesis of a positive relation between age of experimental artists and quality as priced by the market.
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Scherer, Stefani. "Stepping-Stones or Traps?" Work, Employment and Society 18, no. 2 (June 2004): 369–94. http://dx.doi.org/10.1177/09500172004042774.
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This article addresses the question of whether the first job functions as a ‘stepping stone’ or as a ‘trap’. It does so by using individual longitudinal data to estimate the consequences on future occupational attainment of entry into the labour market via (a) ‘under-qualified’ jobs or (b) via temporary contracts. A cross-national comparison of West Germany, Great Britain and Italy allows assessment of the impact of different labour market structures on this allocation process. With regard to ‘under-qualified’ positions, the findings are not consistent with the stepping-stone hypothesis but provide some support for the entrapment hypothesis. Despite the greater mobility chances of over-qualified workers, the initial disadvantage associated with status-inadequate jobs is not fully overcome during their future careers. The article shows, however, that the negative effects are not due to the mismatch as such but rather to the relatively lower level positions. These effects are mediated by the national labour market structure, with the British flexible model providing the best chances of making up for initial disadvantages, and the more tightly regulated and segmented markets in Germany and Italy leading to stronger entrapment in lower status positions. No negative effects of the type of contract are found for later occupational positions in any of the countries.
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Giannino, M. "Competition Law Enforcement and Public Contracts Procurement in Italy: The School Cleaning Services Case." European Procurement & Public Private Partnership Law Review 12, no. 1 (2017): 40–49. http://dx.doi.org/10.21552/epppl/2017/1/7.
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McNulty, Tom. "THE BUSINESS OF ART: CONTRACTS AND THE COMMISSIONING PROCESS IN RENAISSANCE ITALY. Michelle O'Malley." Art Documentation: Journal of the Art Libraries Society of North America 25, no. 1 (April 2006): 74–75. http://dx.doi.org/10.1086/adx.25.1.27949425.
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Guccio, Calogero, Giacomo Pignataro, and Ilde Rizzo. "Evaluating the efficiency of public procurement contracts for cultural heritage conservation works in Italy." Journal of Cultural Economics 38, no. 1 (November 21, 2012): 43–70. http://dx.doi.org/10.1007/s10824-012-9194-2.
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de Gioia-Carabellese, Pierre. "The Concepts of the Scottish (and Italian) Unilateral Promise and the English Unilateral Contracts Comparative Law Reflections on Call Options and Put Options in the light of the Jurisdictions of England, Scotland and Italy." European Business Law Review 22, Issue 3 (June 1, 2011): 381–98. http://dx.doi.org/10.54648/eulr2011018.
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On the backdrop of the "put options" and "call options" - two common contracts in the practice of the capital markets - lies this comparative law analysis concerning the approach taken by three jurisdictions to the concept of the unilateral promise. The outcome of the discussion is a criticism toward the English jurisdiction where this concept is missing, the same being replaced, in a non-convincing way, by the similar concept of the "unilateral contract". In addition to this, the requisite of the consideration, peculiarly requested in that jurisdiction, could even result in putting at risk, in some circumstances, the same validity and enforceability of these typologies of transactions. As to the Scottish jurisdiction, stranded between its ancient Roman roots and its "British ties", the work seeks to demonstrate that, although the "unilateral promise" is accepted in this jurisdiction (these making both "put options" and "call options" theoretically safe under this jurisdiction), there is still a non-perspicuous categorization of the concept and, particularly, a possible "blunder" in the way this jurisprudence seems to put together, in a sort of conceptual "melting pot", both the promise to the public (in incertam personam) and that aimed at the conclusion of the contract. However, this possible erroneous view - quite transparent in the light of the civilian jurisdiction adopted as comparator (the Italian one) - could find a potential "way-out", should the Scots legal system eventually adopt a code in the matter of the contracts more in line with its traditions and peculiarities.
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Eva, Fabrizio. "The geopolitical role of China: Crouching tiger, hidden dragon." Ekistics and The New Habitat 70, no. 422/423 (December 1, 2003): 341–50. http://dx.doi.org/10.53910/26531313-e200370422/423262.
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The author is an annual contract professor at the University of Venice - Ca' Foscari, Treviso campus, Italy, with a course on Political and Economic Geography. Previously he had annual contracts at the Institute of Human Geography, State University of Milan with courses on Geopolitical Dynamics and Analyzing Methods. He is corresponding member of the IGU World Political Map Commission. He is a member of the editorial board of the international reviews Geography Research Forum, Geopolitics, and The Arab World Geographer. His academic interests include current geopolitical dynamics, international relations, borders and nation-state issues, ethnonationalisms, political and economic dynamics in Eastern Asia (particularly China and Japan), the geopolitical legacy of Elisée Reclus, Piotr Kropotkin and anarchic thought. Recent publications are: Cina e Giappone. Due modelli per il futuro dell' Asia (Turin, UTET Libreria, 2000); "La geografia politica," in M. Casari, G. Corna Pellegrini and F. Eva, Elementi di geografia economica e politica (Rome, Carocci, 2003). Personal Webpage: http://www.fabrizio-eva.info
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Ciliberti, Stefano, Simone Del Sarto, Angelo Frascarelli, Giulia Pastorelli, and Gaetano Martino. "Contracts to Govern the Transition towards Sustainable Production: Evidence from a Discrete Choice Analysis in the Durum Wheat Sector in Italy." Sustainability 12, no. 22 (November 13, 2020): 9441. http://dx.doi.org/10.3390/su12229441.
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The increasing request for food sustainability is affecting the pasta sector in Italy. This phenomenon introduces different sources of uncertainties that, in turn, put pressure on all the stages of the supply chain, with a consequent emerging need for a higher level of coordination. Based on the Transaction Costs Theory approach, the paper is aimed at verifying whether contract design—revolving around the negotiation of contractual attributes with different functions in terms of safeguard, adaptability, and coordination—plays a crucial role in aligning sources of uncertainty surrounding transactions with the allocation of property and decision rights. To this aim, a sample of durum wheat producers is interviewed for expressing their preferences about some contractual features, such as price, production and quality rules, sustainable environmental techniques, and advisory services. Using a discrete choice analysis through a multinomial logit model, results reveal that, thanks to the presence of attributes able to ensure coordination and adaptability, contracts are able to steer towards elements of sustainability related to food quality and safety, whereas further efforts are needed to share environmental goals with farmers.
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Bosisio, Roberta, and Manuela Olagnero. "Discourses about Daily Activity Contracts: A Ground for Children’s Participation?" Social Sciences 8, no. 3 (March 11, 2019): 92. http://dx.doi.org/10.3390/socsci8030092.
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The paper presents the findings of a secondary analysis of qualitative research conducted in Turin (Northern Italy) in 2012–2013 on autonomy and responsibility in the relationships between children and parents. A total of 46 parents and 48 children aged 9–13 were interviewed. The secondary analysis focuses on a specific section of the in-depth interview dealing with daily activity contracts. The aim is to investigate children’s participation in everyday life through children’s and parents’ narratives about daily activity contracts. Thematic analysis of this section of the interviews shows that children make room for acquiring such relational and dialogue skills as self-confidence and speaking up, which are recognized to be essential for any level and type of participation. Moreover, children’s and parents’ discourses on daily activity contracts provide an opportunity to “cultivate” participation and autonomy through a sort of alliance between parents and children in decision-making. The question is whether these dialogic attitudes and negotiation abilities are a resource not restricted to the family sphere but which extends to other areas of participation that go beyond the realm of private, protected, and reversible choices.
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Garattini, Livio, and Gianluigi Casadei. "Risk sharing agreements: What lessons from Italy?" International Journal of Technology Assessment in Health Care 27, no. 2 (March 24, 2011): 169–72. http://dx.doi.org/10.1017/s0266462311000079.
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Italy is one of the few countries that have matured substantial experience of risk-sharing agreements so far. The first performance-based arrangement was agreed in July 2006, and as of October 2010, eighteen contracts have been in force.The complex management of discount schemes is entirely based on Web registries run by AIFA, the Italian drug agency. The system validates each prescription and automatically requests the hospital pharmacy by e-mail to release the drug. If a patient meets nonresponder criteria, the hospital pharmacist should apply for pay-back to the manufacturer.There are still some important question marks to address. First of all, nonresponders have to be documented by health authorities, otherwise any undocumented nonresponder will be paid as a success. Another question concerns pre-set timing. Although the scientific rationale of the nonresponder criteria for each drug has not been made public, time frames appear too short to allow a reliable assessment. Another question is whether regions, which are financially accountable in Italy for pharmaceutical expenditure, are really able to claw back refunds from manufacturers. Unfortunately here again there are no official figures, and regions do not seem yet able to quantify the amount of pay-back matured in the 4 previous years. The delayed and incomplete availability of pay-back procedures may be one explanation.
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Mancaleoni, Anna Maria. "The Obligation on Dutch and Italian Courts to Apply EU Law of Their Own Motion." European Review of Private Law 24, Issue 3/4 (June 1, 2016): 553–78. http://dx.doi.org/10.54648/erpl2016035.
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Abstract: The European Court of Justice (ECJ) case law relating to the power of and the obligation on national courts to assess, of their own motion, the unfairness of contractual terms in consumer contracts under Directive 93/13/EEC has had a remarkable impact on national legal systems by introducing rules which often derogate from ordinary procedural rules and from the principles of judicial restraint and party autonomy. They also derogate from the traditional rules on contractual invalidity. This article, drawing extensively on the work of Arthur Hartkamp, summarizes the relevant legal framework on the EU level and in the Dutch and Italian legal systems and then focuses on two recent and groundbreaking judgments of the Supreme Courts of the Netherlands and Italy in order to assess the impact of the relevant EU law and to compare these judgments. With regard to the ex officio assessment of the unfairness of terms in consumer contracts, the comparison shows that the impact of EU case law has been greater in the Netherlands than in Italy, as the Italian regulation implementing Directive 93/13/EEC, unlike its Dutch counterpart, already provided explicit rules on the ex officio assessment of unfair terms by courts, similar to the rules subsequently established by the ECJ. Furthermore it emerges that the approach adopted in the Netherlands is restrictive with regard to the power of the court to raise ex officio the question of nullity. In Italy, on the contrary, that power is the characteristic unifying all forms of nullity laid down in the legal system, with the caveat that when the nullity is ‘protective’, as in cases of nullity provided by consumer law, the consumer can oppose the nullity (Pannon).
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Hansen, Seng. "Does the COVID-19 Outbreak Constitute a Force Majeure Event? A Pandemic Impact on Construction Contracts." Journal of the Civil Engineering Forum 6, no. 1 (May 19, 2020): 201. http://dx.doi.org/10.22146/jcef.54997.
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The emergence of novel coronavirus disease 2019 (COVID-19) at the end of 2019 has transformed from an epidemic to a pandemic disaster. As of 12 April 2020, this outbreak has spread to more than 210 countries and territories and caused 108,837 deaths. The development of this outbreak has resulted in the closure of several major cities in the world (such as Wuhan, Daegu, and Manila) to country-wide lockdowns as observed in Italy and Malaysia. This also affects the construction sector as a labor-intensive industry. Force majeure has become one of the critical points of discussion, considering that this provision allows a contract party to hinder from fulfilling its obligations on the grounds that events are beyond a party’s control. Nevertheless, the application of this provision often faces challenges considering that in prior legal cases, the Courts tend to interpret this clause narrowly. Thus, it would be problematic when the force majeure clause does not include an epidemic outbreak as a force majeure event in the contract. This paper aims to explore the potential of the COVID-19 outbreak as a force majeure event in construction contracts. A qualitative approach consisting of two-step interdependent methods was done to highlight the fundamental elements of force majeure and to analyze whether the COVID-19 outbreak constitutes a force majeure event or not. Finally, a decision model was developed to assist the contracting parties in determining the COVID-19 outbreak potential as a force majeure event. This paper contributes since research related to the impacts of epidemic or pandemic outbreaks on the construction industry has not been intensified.
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Morini, Cristina. "The Feminization of Labour in Cognitive Capitalism." Feminist Review 87, no. 1 (September 2007): 40–59. http://dx.doi.org/10.1057/palgrave.fr.9400367.
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The article starts with a definition of the concept feminization of labour. It aims to signal how, at both the Italian and the global level, precarity, together with certain qualitative characteristics historically present in female work, have become decisive factors for current productive processes, to the point of progressively transforming women into a strategic pool of labour. Since the early 1990s, Italy has seen a massive increase in the employment of women, within the wave of legislation that has introduced various flexible contracts – so-called atypical work. I show how cognitive capitalism tends to prioritize extracting value from relational and emotional elements, which are more likely to be part of women's experiential baggage. The results of a study conducted in November 2006 among freelance workers of the Rizzoli Corriere della sera group, the largest publishing group in Italy, will be used to show how women are able to move more easily on the shifting sands of precarity, within the context of cognitive work.