Forma, formalismo e neoformalismo negoziale. Tra vecchi dogmi e nuove questioni

DI MARCO INFUSINO

ABSTRACT – The paper, starting from the historical origins of the phenomenon of negotiating formalism, tries to offer a compass in order to orient us in the reconstruction of one of the most discussed and tormented problems in doctrine and jurisprudence and that still today holds table among the scholars of the civil law. The issue has returned to the news after the pronouncement of the United Sections of the Court of Cassation that, preferring a functional interpretation to the problem of form, have recognized the validity of investment contracts bearing only the client’s signature. The work concludes by reflecting on some critical profiles of the reasoning developed by highest institution responsible for ensuring uniform interpretation of the law, trying to provide a solution that can guide the in the future.

KEYWORDS – Negotiating formalism, structural interpretation, functional interpretation, single signature contract, form of protection, information overload.

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