Attanasio, Carlo (2018) Obblighi legali a contrarre e attività d'impresa. Doctoral Thesis.
In Italian private law, the freedom of contract plays a significant role. This kind of principle makes each
person free to choose if conclude or not a contract, to identify contractual partners and also to establish
the content of the contractual provisions. However, in some cases the formation of a contract is
directly prescribed by law. A typical example of legal obligation to contract could be find in the article
2597 cod. civ., that forces legal monopolist to enter into contracts concerning monopolized goods or
services, respecting the principle of equal treatment. The above mentioned provision, in conjunction
with article 1679 cod. civ. (which forecasts a similar obligation for the holder of an administrative
concession for public transport services), describes a unitary model that maybe could be applied to all
legal obligations to contract in the context of business activities.
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