Il minore (in)capace di contrarre

The essay investigates whether contracts concluded by minors in the course of daily life should be judged as voidable under Article 1425 of the Civil Code with the exception provided for by Article 1426 of the Civil Code, or, instead, as valid: either because the minor should be considered a nuncius or a voluntary representative of one or both parents, or by way of an analogical application of Article 409, paragraph 2, of the Civil Code, or only where the minor is capable of discernment. Particular attention is paid both to the issues arising from contracts concluded by the minor electronically and to the liability profiles for damages caused by the latter to the other contracting party.