The constitutionalisation of private law in Italy

Abstract

This article explores the impact of the Italian constitution, through its guarantees of fundamental human rights, on the legal relations between private persons which are the traditional subject of private law. A distinction is made between various modes of application of the constitutional rules and this is illustrated by reference to leading cases in which these constitutional rules were applied. Particular attention is focused on the role of constitutional argumentation in implementing the principle of non-discrimination, developing the rights of personality, constructing the concept of biological damage in personal injury cases and in specific parts of the law of obligations. It is concluded that the Italian system for applying constitutional norms is fairly coherent and differs from other systems inasmuch as it does not directly protect freedom of contract under the constitution. The boundaries between private and constitutional law are being redefined as a result of this process of constitutionalisation of private law.