Identita' personale e autonomia negoziale

The principle purpose of the thesis is to inquire into the interference between the law of contract and fundamental rights, dealing with those cases of admixture between personhood and business relationships that U.S. legal doctrine usually means by the label of ''commodification''. The purpose is to apply the results of this research to those typical situations of interference between market logic and requirements of personal protection, such as (but not only) the right of publicity and general situations of commercial exploitation of personhood. In our legal system, such as in others, the legal doctrine has usually discussed these phenomena sometimes looking at them in a dualistic perspective: on one hand the right of personhood, on the other side the property right on the economic object, built in the form of copyright. This dualistic conception did not lead to satisfactory solutions on both fields: of damages and special rules for the consensus. For both, the dualistic perspective has often failed to analyze problems in a dynamic dimension: the dimension of the conflict between the holder's identity, changing over time, and the binding nature of contract. Starting from the conflict between the holder's identity, changing over time, and the binding nature of contract, the scope of inquiry being extended by encompassing the point of view of Legal Pluralism, especially with reference to scientific computing offered by the socio-legal German doctrine (Ehrlich, Luhman, Teubner etc.). The perspective of ''interlegality'' linked with personal identity could be an effective key concept in view of recognizing and understanding identity-choices: in other words, choices that are incomprehensible under the label of pure consumption choice (market choice and economic efficiency principle). Such a dynamic perspective involves the overcoming of the classical conception of fundamental right and private choice, understood as the consumption choice: a measure of autonomy based on rationality of efficiency, made out of time and by an absolutely selfish person.