Esercizi dottrinali nella giurisprudenza italiana in materia contrattuale

In the field of private law, the judicial decisions assume a primary role for the development of law with the collaboration of legal science. The latter assumes both a control function and above all a propulsive function of precedents. The dialogical technique, however, adopted by the judges, regardless of the methodological dangers resulting from the intertwining of the theoretical-dogmatic and practical trainers, is capable of conferring a “seal” of scientific decision-making. The relationship between legal science and Supreme Court is analyzed within three symptomatic examples.