|Titolo della pubblicazione ospite||Enciclopedia del diritto. I tematici, I-2021, Contratto|
|Numero di pagine||33|
|Stato di pubblicazione||Published - 2021|
The encyclopedia entry addresses the evolution of the criterion of the "meritevolezza" of interests, investigating its genesis and then analyzing its main concepts. From this examination it emerges that the "meritevolezza" bases a judgment focused on the "causa" of the contract, mainly atypical but also, in some respects, on the typical one. And this judgment must be distinguished from that of lawfulness. In fact, the "meritevolezza" gives shape to one of the two souls of the judgment on the "causa" of the contract: the one aimed at finding the basis of the contract on the economic and social field through a typological evaluation of the rationality of the scheme of composition of interests and on the consistency and diffusion of this last; and at the same time aimed at verifying the consistency between the type of contract chosen by the parties and the practical purpose of the contract. In this context, the recent uses that the jurisprudence is making of the "meritevolezza" criterion in order to implement, instead, forms of control on the content of the contract or redefinition by judicial means of the overall balance of the regulation should not be judged favorably. The dogmatic proposal put forward in the entry revolves around anchoring the "meritevolezza" trade union to an objective judgment parameter, capable of containing within reasonable margins the judge's appreciation on such a delicate terrain as that of the legal relevance and clarity of the contract.