Abstract

In the field of private law, the interactions between legislative rules and judicial decisions can be ascertained from very different perspectives. On the one hand, judicial decisions anticipate proposals of amendment and seek for pragmatic solutions, and on the other hand they try to fill legal "lacunae". In recent times, the main role of judicial decisions has been however either that of setting aside legal rules for reasons of opportunity or that of widening the ambit of them for the same reasons. This trend raises several problems under different points of view.