Il contratto tra regole e principi

[Autom. eng. transl.] The essay analyzes the trends in contract law (including those of European origin) with reference to the dialectic between rules and principles, both in terms of standardization techniques and in terms of the attitude of interpreters (including, in particular, the Court of Justice of European Union). Specific attention is dedicated to the role of constitutional principles in contract law, and to their possible Drittwirkung affirmed by the most evolutionary orientations. It concludes in favor of the need for a systematic check on the direct application of the principles, in particular through careful use of the general clauses.