Clausole sole remedy: ammissibilità, limiti e considerazioni pratiche

Following a general analysis of the possibility to regulate the remedies concerning the termination of a contract, the article deep dives into the compatibility with the legal system of the sole remedy clause. Valuing the principle of freedom of contract, the admissibility of the sole remedy clause is recognized to the extent that (i) it is not made excessively difficult to obtain other remedies and (ii) the limits drawn by the mandatory rules (which do not include the rules on termination of contracts) are met. In particular, among the mandatory rules, Articles 1229 and 1372 of the Civil Code are relevant.