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‘Discrete’ and ‘Relational’ Approaches in Implied Contractual Relationships by Alba F. Fondrieschi is a Social Sciences article available to read on EtoBox.

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In the commercial field, the practice of doing business through a series of fixed-term contracts that are renewed from time to time between the same parties, but not expressed in any framework contract, is a fairly frequent phenomenonusually known as 'implied contractual relationships' or 'implicit contracts'which, however, does not seem to be always recognised in the courtrooms of many legal systems. It is usually believed that a 'discrete' approach to the contractto recall Macneil's famous distinction between discrete and relational contractscan more easily result in the non-recognition of the legal value of implicit contractual relationships, while a 'relational' perspective would allow to look more closely at the economic transaction as a whole, thus leading to the acknowledgment of implicit contracts. In this paper I will try to examine the same issue from the discrete perspective (with reference to the English system), the relational perspective (with reference to the Japanese legal system) and a third perspective taken by the Italian system, in order to show the actual differences between the relational and discrete approaches to the contract and what remedies are most effec

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Author

Alba F. Fondrieschi

Publisher

Walter de Gruyter GmbH

Published

2019

Language

EN

Field

Social Sciences