The research starts from an of economic preamble. The phenomenon of enterprise networks, in fact, stems from the economic reality of the markets. In this context, it couldn't be left out of consideration to outline a picture of the situation -even in crisis- which involved especially the Italian companies. Therefore, it was necessary to investigate the phenomenon of globalization, with reference to its origins, characteristics and consequences. Then the research focuses on the reconstruction of the dogmatic phenomenon. Starting from its reconstruction in terms of multilateral contract up to criticize this approach, not entirely satisfactory, as it is considered submissive opposed to the current expansion of the multilateral agreement. More convincing appears to be the scheme of the contractual connection, which has the advantage of preserving the autonomy and independence of the participating entrepreneurs, although framed in the context of an economic unit, which aims to achieve a common goal: the 'network common-good', well worthy of protection according to the article 1322 2.co. of the Civil code. In fact, the contract fits well to define network models both with symmetrical distribution of the decision-making power, and with asymmetric distribution, that is to say with a high level of internal hierarchy. On the other hand, couldn't be neglected the similarity with the hypothesis of contractual connection in the production stage; consisting in delegating to a third a share of the production, and in the distribution phase, thus the distribution occurs through networks of contracts. It also addresses the subject of responsibility for the network, setting the problem in two aspects: external and internal accountability. The first is resolved on the basis of trust mutual gained by each employer. The second is divided into non-contractual liability, linked up, in this case, to the art. 2050 Civil code, and contractual.
Reti di contratti e reti di imprese
2012
Abstract
The research starts from an of economic preamble. The phenomenon of enterprise networks, in fact, stems from the economic reality of the markets. In this context, it couldn't be left out of consideration to outline a picture of the situation -even in crisis- which involved especially the Italian companies. Therefore, it was necessary to investigate the phenomenon of globalization, with reference to its origins, characteristics and consequences. Then the research focuses on the reconstruction of the dogmatic phenomenon. Starting from its reconstruction in terms of multilateral contract up to criticize this approach, not entirely satisfactory, as it is considered submissive opposed to the current expansion of the multilateral agreement. More convincing appears to be the scheme of the contractual connection, which has the advantage of preserving the autonomy and independence of the participating entrepreneurs, although framed in the context of an economic unit, which aims to achieve a common goal: the 'network common-good', well worthy of protection according to the article 1322 2.co. of the Civil code. In fact, the contract fits well to define network models both with symmetrical distribution of the decision-making power, and with asymmetric distribution, that is to say with a high level of internal hierarchy. On the other hand, couldn't be neglected the similarity with the hypothesis of contractual connection in the production stage; consisting in delegating to a third a share of the production, and in the distribution phase, thus the distribution occurs through networks of contracts. It also addresses the subject of responsibility for the network, setting the problem in two aspects: external and internal accountability. The first is resolved on the basis of trust mutual gained by each employer. The second is divided into non-contractual liability, linked up, in this case, to the art. 2050 Civil code, and contractual.| File | Dimensione | Formato | |
|---|---|---|---|
|
mollo_francesca_tesi.pdf
accesso solo da BNCF e BNCR
Tipologia:
Altro materiale allegato
Licenza:
Tutti i diritti riservati
Dimensione
1.03 MB
Formato
Adobe PDF
|
1.03 MB | Adobe PDF |
I documenti in UNITESI sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
https://hdl.handle.net/20.500.14242/331307
URN:NBN:IT:BNCF-331307