Diritti fondamentali ed autonomia negoziale : l'interpretazione costituzionalmente orientate della condizione testamentaria illecita

Abstract

The author, starting from the thesis of "direct applicability" of the constitutional requirements concerning the fundamental rights not only against public authorities, but also in intersubjective relations, tends to demonstrate, in line with case law, the need to reread the rules of the Civil Code in the light of these principles, in order to ensure respect for the supreme value of the protection of person (Article 2 of the Italian Constitution) even under the contractual relationships or negotiations in general. The purpose of this study, is the law of successions causa mortis, with particular reference to the testamentary condition unlawful, as determined by direct application of constitutional, international and supranational institutions on fundamental human rights. The analysis is characterized by the discussion of the various solutions developed by the Supreme Court of Italy as regards the various cases, and particularly with regard to the recent sentence dated October 28, 2008 - April 15, 2009 No 8941.