Il contratto "sostenibile". Riflessioni attorno a una categoria controversa

In today’s society, the contractual model based on individualism and freedom of economic initiative is outdated. In bringing the term “sustainability” into contract law, the comparatist therefore questions the possibility and usefulness of creating a new category capable of enhancing the sustainable dimension of the legal phenomenon. Starting from the origins and meaning of “sustainability”, the study continues with a mapping of its various uses in contractual matters in order to search for the possible elements that distinguish the “sustainable” contract. Finally, the reflection focuses on the current economic model in order to verify whether sustainability is irremediably in contrast or can coexist with the idea of a competitive market.