This article examines the notion of the common network programme (programma comune di rete) as the central and unifying element of the Italian network contract (contratto di rete). Moving beyond interpretations that view the network contract as a merely trans-typical or flexible framework for inter-firm cooperation, the paper argues that the common programme constitutes the true object of the contract and the key to understanding its legal nature. Through an analysis of the legislative evolution of the network contract and its relationship with the category of multilateral contracts with a common purpose, the study demonstrates that the network contract is characterized by a variable normative effectiveness. Depending on the content of the common programme, the contract may assume different functions, ranging from a purely normative arrangement governing future contractual relations among the parties, to more complex forms of collaboration, and ultimately to an associative structure involving the joint exercise of business activities. The article therefore proposes a systematic reconstruction of the network contract as a multilateral agreement whose regulatory intensity varies according to the degree of organizational integration pursued by the participating firms, highlighting the role of private autonomy in shaping both the governance structure and the operational dynamics of business networks
Programma comune di rete ed efficacia normativa variabile / Lopreiato, S. - (2012), pp. 155-180.
Programma comune di rete ed efficacia normativa variabile
LOPREIATO S
Writing – Original Draft Preparation
2012-01-01
Abstract
This article examines the notion of the common network programme (programma comune di rete) as the central and unifying element of the Italian network contract (contratto di rete). Moving beyond interpretations that view the network contract as a merely trans-typical or flexible framework for inter-firm cooperation, the paper argues that the common programme constitutes the true object of the contract and the key to understanding its legal nature. Through an analysis of the legislative evolution of the network contract and its relationship with the category of multilateral contracts with a common purpose, the study demonstrates that the network contract is characterized by a variable normative effectiveness. Depending on the content of the common programme, the contract may assume different functions, ranging from a purely normative arrangement governing future contractual relations among the parties, to more complex forms of collaboration, and ultimately to an associative structure involving the joint exercise of business activities. The article therefore proposes a systematic reconstruction of the network contract as a multilateral agreement whose regulatory intensity varies according to the degree of organizational integration pursued by the participating firms, highlighting the role of private autonomy in shaping both the governance structure and the operational dynamics of business networksI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


