L'autonomia privata e il paradigma perequativo dell'Unione : morte del contraente debole e apoteosi dell'informazione negoziale

Abstract

The European contract law is an instrument for implementing the "highly competite social market economy (art. 3 T.U.E.). Its regulation aims to clean up the market of position rents linked to structural imbalances of power (asymmetries). The original form of asimmetry is the information one which is found in directive 93/13 regarding unfair clauses and in the art. 33 ff. cod.cons., on the subject of unfair terms, the response inspired by consumer protection. The fight against asymmetry is at the origin of other legislative interventions of european origin, even if in these cases it presents itself in a different guise from information asymmetry.