Abstract

The essay analyzes the possible attribution of a general character to the private law rules, also by identifying the relationship between several sectorial rules that derogate from the general rule. Casting doubt on the traditional conception of private law, the author also considers the new model suggested by the phenomenon of market regulation and the consequent functionalization of the private autonomy. The assessment, which takes into account the perspective of European law, finally reaches some systematic assumptions about the role played by the modern private law.