Rete, Sussidiarietà, Condivisione, Processo (un nuovo paradigma di principi e responsabilità)
Creators: name: Coppola, Irene
Publisher: name: Universita degli studi di Salerno
Year: 2017
Subjects: subject: IUS/02 DIRITTO PRIVATO COMPARATO
subject: Reti di imprese
subject: Organizzazione
subject: Contratto

description: 2015 - 2016
description: Network represents a new way to do buisiness and to coagulate energies and resources. Two foundamentals figures of private law blend in the study of this figure and of its effective meaning: contract and enterprise. Contract is to enterprise what law is to buisiness. Network thickens activities and resources of more businessmen, joined in a common and unique project, everyone together united and in collaboration for the realization of a productivity program projected to consumers’ needs, always more qualified and emerging. To implement, to increase, to compete, to renovate. Thease are the functions of a new relationship that ties network buisnessmen. It’s the aim that pushes to come together in network, preserving, each, their own business individuality and their autonomy of management and production. Network business is a new and original (surely more profitable) way to work and produce and it’s expression of autonomy of parts, united, each with their own contribute, to produce benefits and services highly competitives. The study of the juridical nature of the case is subject of particular interest, even if the problem is still unresolved. The nature is, without a doubt, an element of reflection very delicate; from contract to association; from single contract to many contracts connected by the purpose, from agreement, to system, method, axperiment. Organization. Agreement. Contract. System. Perspective of profound interest. All elements and structural substance, decline for the wright expression of network essence. Network is a method. Network is experience. Network, infact, is a cross institution, that from organization (principle of cooperation) becomes in integration of subjects, contract (agreement) and activity, always based on the part’s rule, that represents its fundamental core. The different configuration and the prospective of network’s system has a strong ripercussion on the regime and on pratical, juridical, social and economical effects of this phenomenon. It is, surely, an autonomous and particular figure, with its own characteristics, that cannot always be classified in a well-defined institution. And it’s evident that, because of its legal framework, network presents a lot of perspective and points of view that go from the affirmation of private law’s new principles to the configuration of a particular answerability of the same subjects members of the network. Answerability that is aim of deeped study, so much so that it’s beneficial an “ad hoc” regulation to increase by degrees its measure and its procedure. So network is still a “work in progress”. It needs social adaptation, applied rules and concrete interpretations, tied to emergencies of territory and social fabric. Special regulation is a pride of Italy, even if it’s needed to verify its effects and its ripercussion on the practice; only in this way it will be possible to know its impact and understand the modernization of thease new contractual figures. Network development on the territory is interesting; it’s interesting to understand its essence and its range with its problems. The new figure is analyzed in this work in the general prospective of general theory of law and of its regulation, that involves not only private sphere, but even the comparison with comparative and public law, until the analysis of trial profile of “litisconsorzio”, in the ample and appropriate network trial, where the imlementation of principle of an adversarial process involves all the network businessmen, to guarantee a full defence and allow to the damaged to know the level of answerability of individual or all the partecipants, even with a potential direct lawsuit. The figure is a real new that signs the entrance of new private law principles. It’s surely a remarkable spark of reflection if this method is considerated as drift and statement of new law principles, like cooperation, sharing, contractual planning, subsidiarity. And, specifically, subsidiarity principle, constitutionally relevant, is affirmation of power of private’s regulation towards whom State is subsidiary and intervenes just in case of non-fulfilment or unsuitableness of interests subtended to the case. This flexibility is the core of network. Not only. An institution in development, with a lot of profiles still imprecise, ambiguous, equivocal, that have to become clear, not only about its nature, but most of all, regarding the level of network businessmen’s answerability, in network inner and outer relationships, that is not able to leave trial system of “litisconsorzio necessario” and respect of principle of an adversarial process out of consideration. Network, answerability, trial. The real problem is the absence of an “ad hoc” answerability (network businessmen’s answerability) and an “ad hoc” procedure to ascertain every single contractor’s role and to protect single network businessmen from an aswerability extended to other partecipants and to protect third party, who has to be able to act against the real responsible. Only with a real legal protection and strong guarantees, investemts and new contracts implements themselves. New agreement to more important protection. Together to reach a communal aim; resources and ideas to continue; quick and immediate trial, when network is protagonist. Research has to aspire to that. [edited by author]