应对不可预测:新冠肺炎危机对意大利和日本法律体系租赁协议的影响

IF 0.2 Q4 LAW
Alba F. Fondrieschi
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引用次数: 0

摘要

在世界上许多国家,租赁合同是受疫情经济影响最严重的合同之一。旨在遏制病毒和新冠肺炎后经济危机的措施影响了个人和企业的偿付能力,并在一段时间内限制或阻止进入商业场所。这导致拖欠和拖欠租金,并要求减少租金。日本和意大利的法律制度都通过采取不同的方法来处理这些问题。本文旨在通过检验在应对新冠肺炎危机后果方面法律规定的充分性,对两种制度进行比较。在这方面,不同情况下的各自理论发挥了重要作用。这篇文章显示了意大利法律制度的规则是如何证明不充分的,导致了大量的诉讼,这反过来又导致了相互矛盾的判决。另一方面,日本的法律制度似乎做出了更好的反应,因为诉讼更有限,法院判决基于统一的原则和规则。两种法律制度的比较表明,管理监督情况的最佳规则是那些有利于逐案评估和鼓励自发重新谈判合同的规则。这篇文章还提出了一个问题,即在我们的法律体系中,可预见性是否应该始终被视为一种价值,以及法律是否正朝着更加情境化的方向发展。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Dealing With the Unpredictable: The Impact of the Covid-19 Crisis on Lease Agreements in the Italian and Japanese Legal Systems
Lease contracts have been among the most affected by the economic effects of the pandemic in many countries around the world. Measures aimed at containing the virus and the economic crisis following Covid-19 impacted the solvency of individuals and businesses and restricted or prevented access to business premises for some time. This has resulted in delays and defaults in rent payment and claims for rent reduction. The Japanese and Italian legal systems have both addressed these issues by adopting different approaches. This article aims at comparing both systems, by testing the adequacy of the legal provisions in dealing with the consequences of the Covid-19 crisis. An important role in this regard has been played by the respective doctrines of changed circumstances. The article shows how the rules of the Italian legal system have not proved adequate, have brought about considerable litigation, which in turn has led to conflicting judgments. On the other hand, the Japanese legal system seems to have responded better, as litigation has been more limited and court decisions have been based on uniform principles and rules. The comparison of the two legal systems suggests that the best rules to govern supervening circumstances are those which favour a case-by case please insert caseby- case assessment and encourage spontaneous renegotiation of the contract. The article also raises the question of whether predictability should always be regarded as a value in our legal systems and whether the law is moving toward a more contextual approach.
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来源期刊
CiteScore
0.40
自引率
33.30%
发文量
25
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