Dal diritto privato-sociale al diritto privato-sostenibile?
Author(s)
Date Issued
May 15, 2026
Type
article
Issue
29
Start Page
1
End Page
10
Journal
Abstract
This essay explores, from a historical-legal perspective, the viability of
a theory of “sustainable private law.” Taking as its point of departure a comparison
with Santoro Passarelli’s General Doctrines of Civil Law, the study situates the con-
temporary debate on sustainability within the broader intellectual trajectory of “so-
cial private law” developed between the late nineteenth and early twentieth centu-
ries. In both contexts, the crisis of civil-law individualism emerges from the rise of
collective interests and from the perceived necessity of addressing the negative ex-
ternalities generated by market dynamics. Sustainability, much like the earlier para-
digm of sociality, therefore prompts a reconsideration of the foundational catego-
ries of private law and encourages a methodological approach attentive to both
historical inquiry and interdisciplinary analysis. Yet a fundamental question remains
unresolved: whether the principle of sustainability is capable of reshaping the ca-
tegories of private law from within, or whether it is instead destined to function as
an external “political” constraint, unable to penetrate and transform their underly-
ing conceptual structure.
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