La tutela del contraente debole

The A. explores the phenomenon of contractual weakness in European law and judgements. The focus is on the figures of weakness concerning contracts and market which are different with respect to the model of consumer protection, since it’s possible to find asymmetry of contractual power in relationships between business firms, between lessees and lessors, between bookmakers and wagers, between citizens and public administrations. They emphasize how the complex of rules, principles and remedies which protect the correct functioning of the internal market – particularly, the free movement of goods, persons, services and capital – implicate a substantial balance in acts of private autonomy. It seems to be fundamental, in this context, the reconstruction of bargaining in function of values’ hierarchy. In fact, the contractual justice can be realized through a reconstruction of the system based on the respect of the dignity of human person, which is meantime the real purpose of the efficiency of market.