La rinegoziazione del contratto e le sopravvenienze nel nuovo Codice dei contratti pubblici: tra diritto amministrativo e diritto civile

Abstract

Unforeseen events and contingencies are inevitable aspects of our lives; they represent unplanned situations that, in an instant, can overturn established plans, goals, and routines. Among the most significant unforeseen events of recent decades, COVID-19 has profoundly impacted global society. The pandemic has challenged contract law and, consequently, the phase of execution in the context of public contracts. The new 2023 Public Procurement Code, by introducing the principle of preserving contractual balance, may open the possibility of extending this principle beyond the narrow scope of public contracts and thus into general civil law, enhancing the principle of good faith in negotiations.