Appunti su autonomia contrattuale, rinegoziazione dei contratti pubblici, risultato

Abstract

The contractual autonomy recognized for public administrations allows them to enter into any contract, even gratuitous ones, subject to the prohibitions expressly provided for by the code or by law. Along with general legal capacity, which entails the use of all the instruments provided by the legal system to pursue institutional purposes, public administrations also possess the capacity to act; but this is a functionalized capacity to act, that is, linked to the tasks each public administration is called upon to perform, and the performance of which includes both authoritative powers and other powers under common law, including contracts