La transazione

The main goal is to individuate the role of the settlement contract in the new EU regulatory framework. The importance of ADR for settling disputes without litigation enhance the settlement contracts which are the most ancient expression of a legal culture focused on the social harmony. The settlement is regulated by Italian Civil Code through a specific section (XXV) inserted in the book Title III of the Book IV. From article 1965 to article 1976 the Italian discipline introduces special rules about the vitiating factors of the settlement (void, voidable and unenforceable) and about the remedies for breach of contract. The analysis of the contract included procedural aspects and connexion with Tort law and Commercial and Insolvency Law.