Contracts

The study of contracts has its roots in the history of man, since he learned to relate to other men with the aim of exchanging a good or performing other acts of disposing of his assets, which today we refer to the donation or succession. Man has always used contracts to improve or refine the regulation of his relationships with other subjects, often he has had to use them to overcome gaps in protection deriving from the absence of rules of a public nature. Even today, this situation seems to be repeated, in fact a part of the political class believes that contractual law is sufficient to regulate the relationships existing today between de facto couples.

In recent years, with the development of a discipline relating to consumer protection, contracts have assumed a role of greater socio-economic importance, in fact professional figures have developed specialized in the study and creation of contracts mostly through forms. The goal of this class of jurists often at the service of the company is to create the so-called “unassailable contract”, that is, a contract that is able to avoid the emergence of disputes, even bearing in mind the constitutional limits placed on contractual autonomy.

In general, Articles 1341 and 1342 of the Italian Civil Code indicate specific safeguards for the double signing at the bottom, a signature for the contract, one for the clause deemed to be an exception to the law and / or to be considered vexatious, for which there is the specific instrument of art. 1469 bis of the Italian Civil Code for the protection and supervision of the consumer’s rights, where not derogated from the consumer code or from other provisions even more favorable for the consumer himself, such as, for all, the exceptions to the jurisdiction in favor of the consumer’s forum.