Sustainable Tourism Law

156 SUSTAINABLE TOURISM LAW law “in the letter and in the spirit”, without looking for ways and means to avoid it with impunity 49 . In this regard, the circumstance that in the American legal system the jurists are re-evaluating, in the field of business for-profit corporations, alongside obligations with moral and social roots, diligence (duty of care) and fidelity/loyalty (duty of loyalty), the duty of obedience (today implicitly contained in the duty of good faith), that is the duty of the administrators to observe the law. To this, we add that such a duty of obedience to the law would offer jurisprudence an objective parameter of judgment. Not surprisingly, in a recent work, Palmiter advocates overcoming the rule that states that the directors are not responsible towards the company for having acted in violation of the principle of legality, provided that the behaviour was held in good faith and is in line with the interest of the company. This means that respect for the law cannot be sacrificed on the altar of the pursuit of profit maximization. De iure condendo , the spontaneous incentives of the market 50 (which presuppose the commitment of all of us “consumers-citizens”) should be strengthened by legal incentives (eg tax rewards to companies that operate in a sustainable manner). V. THE ROLE OF THE COMPANY IN DETERMINING THE EFFICIENCY OF THE CONTEMPORARY ECONOMIC SYSTEM From what has been said, it can be concluded that in the panorama of companies, the ones that have as its object the exercise of a Widespread Hotel business are also the ones that lends themselves to an approach to modern and alternative forms of social enterprise.That is, a company that complies with the constitutional principles and that carries out a fair business that is not a predatory business. To this end, however, a teleological reading of the Constitutional Charter should be promoted 51 (as a correct planning must take into account the socio-economic goals of the State), which allows identifying within the social character, the fundamental character of constitutional relevance, without disregarding the privatized content 49 V. BUONOCORE, Postfazione sull’etica degli affari e sull’impresa etica a L’impresa , nel Trattato Buonocore , I, 2.1, Torino, 2002, pp. 597 ss., notes that in our legal system “abuses in the corporate world are mostly lacking in relevance (...) and are carried out through behaviour that is formally obsequious to the legal rule but substantially prejudicial to the interests of those who are outside the corporate governance”. Moreover, no law can be so perfect as to prevent elusive behaviours that only professional ethics seem able to definitively ward off. 50 Just think about the so-called boycott of consumers that presupposes their willingness to attribute greater importance to how that good has been produced than to its cost . 51 This is because correct planning must take into account the socio-economic goals of the State.