Private Law Theory

Abstract
The essay analyzes the progressive assertion of non-discrimination as a principle within Italian and European contract law. After having examinated the legislative concept of contractual discrimination, the scope of the prohibition and the extent of its impact, the Author shows that the direct applicability of the principle of equality within private law relations is inseparable from the issue of the review of contractual autonomy, where it expresses the core essence of the anti-discrimination paradigm. In order to assure full and effective protection, the paper focuses on diversification of techniques for protecting against discrimination and the choice of the ‘right’ civil remedy.

Gabriele Carapezza Figlia, The Prohibition of Discrimination as a Limit on Contractual Autonomy, 4 The Italian Law Journal No 1 (2018).

First posted 2018-09-05 13:25:36