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Contracts Of Individuals Who Are Incompetent Without Guardianship And The Interpretation Of Article 428 Of The Italian Civil Code: Is The Court Of Cassation Wrong?, Enrico Baffi
enrico baffi
This paper aims at demonstrating that excessive protection of incompetent people can produce unintended negative consequences. Both in the Italian system, which is examined here in depth, and in American common law, a contract can be annulled if there is bad faith of behalf of the party who is not incompetent. However, a party in bad faith could offer an incompetent person a contract that does not produce a prejudice and could, in fact, be beneficial for the incompetent party. If the contract can be annulled, and if the prejudice occasionally occurs, the incompetent party can request a contract annulment. …