Qualche osservazione sulla (auspicabile, ma non così prossima) riforma italiana del codice civile

The work begins by asking how the Italian civil code, which came into force during the fascist regime, remained in force after the fall of the regime, and especially after the republican constitution of 1948. This was possible because the jurists who have it drafted had essentially preserved a juridical-political culture which has, at least in part, preserved them from a slavish implementation of the ideological directives of the regime. However, from 1948 to today, the code has certainly undergone changes internally which, in terms of the contract, have not known significant interventions by the legislator. However, over the last few decades, in all liberal-democratic legal systems there has been an expansion of two requirements that can also be formulated in terms of general principles: the principle of protection of the weak contractor, beyond the circumstance that the weak contractor is a consumer, and the principle of adaptability of the contract to those contingencies not attributable to the conduct of the parties. From this background, it proceeds to the analysis of the bill n. 1151 of March 19, 2019 (‘Delegation to the Government for the revision of the civil code’), presented by the Italian government to the Parliament, for the reform of the Italian civil code. The work then proceeds to the analysis of three areas of the reform: the pre-contractual negotiations, the infringement by the contract of constitutionally protected personal rights, and the renegotiation