Invalidity of Contract under the Principles of European Contract Law and under Italian Law: A Question of ’Dynamic Convergence’?

Abstract

Through a brief comparison between the Principles of European Contract Law and Italian law on invalidity of contracts, the Author questions whether some material divergences between the two systems can be better examined in the light of an evolutionary pattern of Italian law as influenced by the harmonization process, especially derived from the implementation of European Community directives. This analysis will conclude that some divergences are reduced during the (continuous) process of dynamic convergence, also fostered by the impact of the European Community intervention at national level; by contrast, other forms of divergence seem to suggest a different dynamism, challenging the position that the converging elements are the ones set out by the Principles.