IL MUTUO DISSENSO PER COMPORTAMENTI CONCLUDENTI

The parties terminate a binding agreement between them by mutual consent. This thesis is structured in two chapters and is dedicated to the mutual consent expressed through behaviours implying a tacit expression of will. The first chapter investigates the frame of the contractual figure of the “mutual consent” with specific reference to the issue of its possible retroactive effectiveness. The second chapter focuses on the agreement in mutual consent and on the importance of the behaviours implying a tacit expression of will for its execution: in particular we investigate, in a critical perspective, the cases of mutual consent for behaviours implying a tacit expression of will in case law. It concerns cases where the mutual consent occurs because of the restitution of the contractual obligations set forth in the original contract, the destruction of the contractual document, the submission of claims with contrasting demands for rescission of the contract for default and the persistent non-fulfilment of the contractual relationship.