Forma (Capitolo LVII)

[Autom. eng. transl.] In the context of an advanced manual of civil law, which aims to combine informative exposition with a critical-reconstructive approach and is aimed in particular at the preparation of the competition in the judiciary and at specialized legal operators, the chapter - revised, updated and expanded compared to the fourth edition - addresses the issue of the form of the contract. Starting from the development of the notion of form and the debate on the freedom of forms, the main issues of legal formalism (functions and species of form, remedies against its lack, neo-formalism) and conventional formalism (concept and latitude of a voluntary form for validity, as well as the notion of a voluntary form for proof within the broader theme of agreements on proof) and the problems relating to the electronic document are explored in depth, in relation to the so-called analog or paper.