La disciplina del conflitto di interessi nella prospettiva del nuovo codice dei contratti

Conflict of interest is a classical topic in Italian law, well known in different fields, in civil law as well as in public law, including administrative law. In recent years the matter has been strongly influenced by the international and the European law, as part of a broader agenda to promote transparency and competition and to contrast corruption and frauds. Starting from this general context, the essay is focused on the regulation of the conflict of interest by the last Code of public contracts – a code based upon an approach that encourages the confidence and the achievements of objectives – underlying the similarities and differences with the past and the main questions that can arise.