The object of the pooling contract, in terms of the specificity of resources (means, equipment, personnel), has been debated since the EU-derived institution was transposed into domestic law. The judgment under comment asserts that, at least referring to the pooling SOA attestation, the wording of Article 104 of the new Public Contracts Code (Legislative Decree No. 36/2023) allows to overcome the long-standing diatribe, legitimizing the determinability per relationem of the contractual object. However, the issue does not seem to be definitively dormant. It is easy to predict that pooling's object will continue to face critical profiles and to split the interpreters.
Il contratto di avvalimento di attestazione SOA alla prova del nuovo Codice dei Contratti Pubblici (D.Lgs. n. 36/2023): "determinatezza" o "determinabilità" dell'oggetto?
Feola Marcello Giuseppe
2023-01-01
Abstract
The object of the pooling contract, in terms of the specificity of resources (means, equipment, personnel), has been debated since the EU-derived institution was transposed into domestic law. The judgment under comment asserts that, at least referring to the pooling SOA attestation, the wording of Article 104 of the new Public Contracts Code (Legislative Decree No. 36/2023) allows to overcome the long-standing diatribe, legitimizing the determinability per relationem of the contractual object. However, the issue does not seem to be definitively dormant. It is easy to predict that pooling's object will continue to face critical profiles and to split the interpreters.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
