Abstract
The essay deals with the attraction of personal rights into the sphere of private autonomy. First, it offers some clarifications on the issue of Drittwirkung, i.e., the reflection (direct or indirect) of constitutional principles in private law. Then, it distinguishes the two main instruments that make the negotiation of non-patrimonial rights possible. On the one hand, there are contracts. On the other hand, there are negotiations outside contracts, which often happen through unilateral acts. Having clarified this, the essay addresses the related problem of availability and unavailability, which is a category expressly relevant in the Italian Civil Code regarding non-patrimonial rights. This problem calls also into play the tension between the market and human dignity as a value that may suffer either from its overload or its undervaluation. Finally, the essay focuses on two areas where the negotiation of personal rights happens: family law and the right to health.
| Translated title of the contribution | [Autom. eng. transl.] Negotiating autonomy with non-financial content |
|---|---|
| Original language | Italian |
| Title of host publication | «La personalità umana nell’ordinamento giuridico» di Pietro Perlingieri, cinquant’anni dopo. Atti del VI Convegno SISDiC Sicilia, 5 e 6 novembre 2021 |
| Editors | G Carapezza Figlia, G Frezza |
| Pages | 179-200 |
| Number of pages | 22 |
| Publication status | Published - 2023 |
Keywords
- Drittwirkung
- commodification
- personal rights
- private autonomy
