La tutela dell’apparenza nella disciplina della rappresentanza

The topic of apparent representation suggests the coexistence of principles in the juridical order, which are antithetical at first sight, on the purpose of jurisprudence, which lie in the border line between the activities of interpretation and creation of juridical norms and in the delicate equilibrium between freedom to negotiate and resposibility. The interpretation doubts regard mainly the issues of generality or exceptionality. The difficulties that arise in answering such question are due to the sacrality of the general principles which constitute the Italian system of private law. On one hand, there are fundamental rules to natural law according to which nobody can be bounded if not as a consequence of an act of its own will. On the other hand, there is the principle of entrusting according to which a given circumstance becomes not binding if it is not known to a given party or if it is opposed by a given appearance. Understanding how the balance between such opposing directives has been addressed by the legislator becomes even harder in the discipline of representation, where no reference to rules of appearance can be found. This uncertainty suggests to pause and reflect on the meaning of private autonomy, especially where we wish to remind the teachings of who warned against risks and dangers linked to the private initiative, recommending a careful and wise exercise of the autonomy. To describe the risks and dangers coming from the negligence and inertia of the party affected by the commitment to its own negotiating declaration, it has been made reference to the notion of <<selfresponsibility>>. Selfresposibility is called upon by many as the juridic foundation of the principle of appearance and it allows to shed light on the interpretation of the correct reconstruction of the applicative assumptions of the discipline. The investigation proposed in this work moves in the direction of explaining a criterion to link the negotiating activity put into being by the apparent representative, the juridical sphere of the apparent represented and the nature of the entrusting held by the third contractor, to clarify in which way the legislator intended to regulate the conflict of interest between the third contractor and the apparent represented.