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Dr. Amelia Bongarzone

Amelia Bongarzone graduated in Law at the University Magna Graecia of Catanzaro, UMG, (Italy), where she also specialized in Legal Professions with the highest grades and earned a Master executive of II level in Civil Law cum laude,
– PhD in Theory of law and European legal order, first place winner of research postgraduate scholarships, and Research fellow in Private Law at UMG. In the same University she teaches Private Law and Theory of goods and collective properties.
– Lawyer admitted to practice in front the Italian Court of Cassation and other Higher Jurisdictions, Amelia has even been a member of the Board of Directors of S.A.Cal. S.p.A., Calabrian Airport Company, and of its controlled Sacal Ground Handling S.p.A.
– Speaker in several national and international conferences, she is author of numerous publications.
Amelia’s research interests include subjects in contract law, big data, family law, copyright, rights of personality.  Her scientific activity is currently focusing on the theme of open access.

Pacta sunt servanda, supervening events and remedies in the time of Covid-19 in the Italian legal experience

The pandemic events that have recently stricken humanity once again remind the jurist of the advisability of verifying the hold of the principle of pacta sunt servanda.

The subject reopens an ancient debate, although always current, that hinges reasons and justifications in an asserted sacredness of the contract, but which is, however, forced to measure itself with the ineluctable mobility of human events and the resigned awareness that there is a limit beyond which predictability, even the most analytical one, cannot go.

In this way, the not remote eventuality that the occurrence of circumstances, as well as the evolution or involution of events, could affect a programming of interests to the point of altering it, if not even upsetting it, expresses the need to investigate the possibilities, and modalities, of the reaction of the law, and in particular of private law, to what has happened, but was not foreseen.

The problem, to which the Italian legal experience has been sensitive for some time, is revived by the new situations that demand protection in the time of Covid-19.

The occasion of meditation is offered by the impact that the emergency condition produces on certain contractual situations and calls attention to the dynamics of rebalancing the relationship, risks allocation and contingency management, in an investigative perspective that rejects dogmatic temptations sub specie aeternitatis.