Il principio dell’equilibrio contrattuale nei contratti pubblici

This dissertation traces the development of the rebus sic stantibus clause from Roman law to the present day. It shows how the renewed interest in the clause has consistently been linked to the emergence of various crises that have disrupted the ordinary performance of contracts. The core of the research, however, concerns the approach adopted by the new Public Contracts Code regarding the principle of contractual equilibrium and the remedy of renegotiation. Particular attention is devoted to Articles 9, 60 and 120 of Legislative Decree No. 36/2023, which govern price revision and the modification of contracts during performance. Chapter 3 also examines the evolution of the rebus sic stantibus doctrine within the Spanish legal system, covering both private and public law, from both a historical and comparative perspective. The insights developed throughout the study are then employed to assess whether, and to what extent, the principle of contractual equilibrium and contractual renegotiation can be said to form part of the Italian legal system.