Etica del contratto e lo spot contract del gioco. Spunti per una direttiva di tutela

The essay deals with the problems inherent in the gamblings that the Italian state organizes more and more widely. This is in some ways an emblematic case of how contemporary capitalism tends to escape any ethically based control. Significant is the attitude of the Italian law that admits these forms of gambling and at the same time considers the gambling addiction a disease deserving of the widest protection by the national health service. The author takes into consideration some possible directives for the protection of the player based on an evolutionary reading of the rules of the civil code dedicated to these contracts. In particular, it examines a possible extension of the concept of incapacity and possible invalidity of those gaming contracts in which the form does not contain the information required by the law on the risks of loss and on gambling addiction.