Supply of medicines to the University: when can the contract be considered concluded? The contract relating to the supply of medicines is concluded pursuant to art. 1327 of the Civil Code, by ordering medicines from the Company and beginning of execution by delivering the medicines to the carrier. The written form ad substantiam provided for by art. 17 of RD 2440/23 does not apply to all contracts stipulated with the Public Administration, but only to some of them. Pursuant to the article just mentioned "... privately negotiated contracts... can also be stipulated... by means of correspondence, according to commercial practice, when concluded with commercial firms". The jurisprudential orientation created on the subject of supplies of pharmaceutical products peacefully admits the legitimacy of the conclusion of the relative contracts with the modalities set out in art. 1327 of the Civil Code, arguing from the nature of the products sold, from the need for speed related to it, as well as from the characteristics of the relationship which does not require specific agreements, the price and composition of drugs being predetermined by law. Therefore, pursuant to the aforementioned article, the contract is concluded in the time and place where the execution began. (Attorney Ennio Grassini – www.dirittosanitario.net) From Doctornews 20-07-07
