A precursor of ADR, the settlement agreement is a self-regulation instrument of private interests teleologically oriented to the out-of-court resolution of legal disputes. It is characterized by a certain problematic nature, enhanced by its remarkable structural flexibility. This is an instrument of private autonomy for the contractual resolution of legal dispute. A constitutive precondition for the agreement must be, therefore, a current or potential contrast, to be understood as a conflict of interest as to the existence, extent or the exercise of a right. Whereas its definition does not seem to raise particular problems, the same cannot be said for its constitutive elements. 8.
The settlement between structural complexities and dogmatic perspectives
SCIANCALEPORE, Giovanni
2016-01-01
Abstract
A precursor of ADR, the settlement agreement is a self-regulation instrument of private interests teleologically oriented to the out-of-court resolution of legal disputes. It is characterized by a certain problematic nature, enhanced by its remarkable structural flexibility. This is an instrument of private autonomy for the contractual resolution of legal dispute. A constitutive precondition for the agreement must be, therefore, a current or potential contrast, to be understood as a conflict of interest as to the existence, extent or the exercise of a right. Whereas its definition does not seem to raise particular problems, the same cannot be said for its constitutive elements. 8.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
