Drittwirkung, autonomia privata e giudice creativo

Abstract

Drittwirkung is a typically German phenomenon that finds a precise connection in par. 93, 4a GG. Here, the possibility is provided for that anyone can appeal to the BVerfG in the case in which one of his fundamental rights has been violated. The essay highlights how, in many cases, the BverfG, through the review of a judgment of the judge of merit, has ended up interfering with the exercise of the powers of private autonomy, going far beyond a constitutionally oriented interpretation of the norms of the civil code