Dinamiche di partecipazione soggettiva alla fattispecie contrattuale

The research focuses on the position of the subjects who are involved in various ways in the contract. Starting from the established insufficiency of the dichotomy between the contracting party and the third party - traditionally considered capable of exhausting all the possible declinations of the relationship between the legal entity and the contract - the work proceeds by reconstructing the cases on the level of subjective participation, most significantly revealing the heterogeneity between the legal positions that should nominally be similar and the affinity between the legal positions which, always by name, should be heterogeneous. In particular, the events related to the use of contractual representation, the contract in favor of a third party, the various economic transactions characterized by the contractual connection (related agreements), as well as, on the family law side, the hypothesis purchases made by a single spouse under the community of property state. The leitmotif of the entire work is the attempt to highlight a sort of descriptive relativity characterizing qualifications and concepts such as those of contracting party and third party. Thus, within the various cases taken into consideration, the examination involves the problems that arise to the interpreter when it is necessary to establish which tools and which remedies are up to whoever is, involving the single contract, in a position characterized by proximity both to the position of those who are usually invested with the quality of a party, and to that of those who are usually invested with the quality of a third party. These issues cannot be resolved by resorting to rigid formal qualifications, nor by developing general identification criteria through which to establish who a third party is and who it is a party once and for all. If anything, it will be a question of reconstructing in detail the structure of interests as a result of before and after the position of the legal transaction, to establish for what purposes, and which interests justify the attribution to the holder of shares designed to guarantee its protection, possibly to the detriment of other interests in any case relevant in the context of the legal case taken into consideration.