Abstract

This paper investigates what is the legal status attributable to the principle of sustainable development, as cited in art. 11 TFEU, in the Italian legal system. The question of the effectiveness of this principle in private law is addressed exploring the theoretical possibility and the practical limits of its application to contractual relationships, as well as whether it is relevant in defining possible limits to the freedom of contract. The consequences, concerning the contractual validity, may result in the nullification of the contract. However, the large number of stakeholders harmed by environmental externalities reveals the insufficiency of this kind of remedy and, from the point of view of effectiveness, requires verification of whether the principle of sustainable development may establish the protective effects of the contract towards third parties