L’immagine nel contratto: uno studio filosofico-giuridico delle rappresentazioni grafiche nei documenti contrattuali.

This PhD thesis aims to investigate a 'new' phenomenon in the panorama of modern law: the use of the image within the legal document and, in particular, within the contract. The theoretical core of this doctoral thesis is represented by three fundamental questions: (i) Can an image be a contract? (ii) Can there be images in the contract? (iii) What functions can the images perform in the contract? The thesis will develop from these three questions. I will answer the first question by proposing a specific example in which the image is identified with the contract: this is the so-called Comic Contract. I will answer the second question by offering the following - potential - examples: (i) an example of an image in the contract: the Creative Commons licenses; (ii) an example of an image regarding a contract: contracts concerning assets to be identified; (iii) an example image for the contract: the contract and the processing of personal data. Finally, I will answer the third question in chapter 3. and in the relevant sub-paragraphs, where specific functions that the image performs or could perform under a contract will be investigated. What I intend to investigate is whether, under a contract, the image or, more generally, the design can perform specific functions. In particular, four functions ascribable to the image in the context of a contract will be identified: (i) preventive function of the dispute, as part of a proactive approach to the law; (ii) simplifying function of language; the image eliminates or diminishes the vagueness and ambiguity of the linguistic formulation of the normative-contractual provision. (iii) supplementary function of the contractual will; (iv) information function.