The essay analyses the evolution of the contract as an instrument of private regulation. The centrality of the contract as an instrument of social governance and the various manifestations of the contract require a new dogmatic, especially with regard to mass contracts and long-term contracts. The author also proposes a conception of the original normativity of the contract that suggests a new approach to the relationship between the effectiveness of the contract and its legal relevance for the State legal system.
Piraino, F. (2026). The Contract between Will and Norm. In T. dalla Massara (a cura di), Individual Will and the Civil Law Tradition. Rethinking Lex Privata (pp. 29-48). Abingdon, Oxon : Routledge e Giappichelli.
The Contract between Will and Norm
Fabrizio Piraino
2026-01-01
Abstract
The essay analyses the evolution of the contract as an instrument of private regulation. The centrality of the contract as an instrument of social governance and the various manifestations of the contract require a new dogmatic, especially with regard to mass contracts and long-term contracts. The author also proposes a conception of the original normativity of the contract that suggests a new approach to the relationship between the effectiveness of the contract and its legal relevance for the State legal system.
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