Vulnerability in the Dialogue of Knowledge: The So-called 'Elderly' Person as a Particularly Vulnerable Contracting Party?

The article analyses the concept of legal vulnerability with particular reference to the position of the elderly person as a party to a contract. Vulnerability, understood as a situational condition rather than an intrinsic state, is examined from a multidisciplinary perspective that highlights its complexity and normative implications. In this framework, seniority is not a determinant of vulnerability per se, but a factor that, in combination with other elements, may expose the subject to particularly fragile conditions. The study focuses on Italian civil law and shows how the traditional categories of capacity and incapacity are not always sufficient to deal with intermediate situations of bargaining vulnerability. A comparison with other European legal systems suggests the need for flexible legal solutions that can better protect parties in vulnerable situations. Finally, the analysis addresses the challenges posed by the digital transformation, stressing the urgency of policies that promote digital literacy and equal access to new technologies in order to overcome the digital divide. In this context, the article proposes to revisit the concept of negotiating autonomy and to improve legal instruments capable of adapting to the specific conditions of situational vulnerability, guaranteeing effective protection proportionate to the concrete needs of the person.