The evolution of the private law concept of withdrawal within the European legal systems, along with the progressive erosion of the principle of indissolubility of the contractual relationship expressed, in Italy, by art. 1372 of the Italian Civil Code, proves the change of the conditions which constitute the background for the action of legislators and regulators. The need to oppose the excessively long-lasting contractual relationships; the necessity to guarantee consumers effective forms of protection; the obligation to comply with the European constraints on dismantling of national monopolies and the consequent desire to create a truly competitive market system are elements that describe the reasons for the intervention of the authorities on the contract and its discipline. In this sense there are some recent measures of the national energy market authority which, in order to facilitate the possibility of switching to the customers and, consequently, to encourage competition in the sector, delegate the management and execution of certain phases of the electricity supply negotiation contract to a software system, launching the national sector towards that process of efficiency and democratization of the energy market pursued by the European Parliament resolution of 13 December 2018 on Blockchain: a forward-looking trade policy.

Regolazione di settore e diritto di recesso nel Sistema Informativo Integrato = Sector regulation and right of withdrawal in the «sistema informativo integrato» / A. Sardini. - In: OSSERVATORIO DEL DIRITTO CIVILE E COMMERCIALE. - ISSN 2281-2628. - 9:1(2020 Jan), pp. 229-258. [10.4478/98137]

Regolazione di settore e diritto di recesso nel Sistema Informativo Integrato = Sector regulation and right of withdrawal in the «sistema informativo integrato»

A. Sardini
2020

Abstract

The evolution of the private law concept of withdrawal within the European legal systems, along with the progressive erosion of the principle of indissolubility of the contractual relationship expressed, in Italy, by art. 1372 of the Italian Civil Code, proves the change of the conditions which constitute the background for the action of legislators and regulators. The need to oppose the excessively long-lasting contractual relationships; the necessity to guarantee consumers effective forms of protection; the obligation to comply with the European constraints on dismantling of national monopolies and the consequent desire to create a truly competitive market system are elements that describe the reasons for the intervention of the authorities on the contract and its discipline. In this sense there are some recent measures of the national energy market authority which, in order to facilitate the possibility of switching to the customers and, consequently, to encourage competition in the sector, delegate the management and execution of certain phases of the electricity supply negotiation contract to a software system, launching the national sector towards that process of efficiency and democratization of the energy market pursued by the European Parliament resolution of 13 December 2018 on Blockchain: a forward-looking trade policy.
Blockchain; Energy; Right of Withdrawal; Robotic Transactional Decisions; Sistema Informativo Integrato; Smart Contracts; Smart Grids; Smart Metering;
Settore IUS/01 - Diritto Privato
gen-2020
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/1029291
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