Sulla discriminazione nei rapporti contrattuali: riflessioni a margine di un convegno di studi

DI MARCELLO MAZZUCA

ABSTRACT – The impact of the prohibition on discrimination in contractual
relationships is a complex issue. The possibility of subjecting to a remedy
the negotiating conduct driven by discriminatory intentions actually
touches on the crucial question of the relationship between freedom and
limits in the different phases of the negotiation experience. The current
regulatory data does not offer conclusive indications, and leaves room for
antithetical reconstructions, accompanied by very different rules. In this
context, only an adequate re-evaluation of the functional profile
underlying the individual relationships can allow the selection of
convincing rules, capable of safeguarding the different interests involved
in the different negotiation operations, in a perspective aware of the
different interests compromised by the individuals segments that connote
the contractual story.

KEYWORDS – Discrimination – contract – remedies

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