Diritti della personalità e contratto

The work intends to analyze the growing path of legalization of the person under the particular profile of the deductibility in contract of the immaterial rights of the personality. Traditionally excluded from the sphere of private autonomy, the practice has instead seen the emergence of cases of arrangement of the image and the name of the persons, in particular in the field, in a broad sense, advertising (think of the sponsorship agreements and merchandising) and in the entertainment world. The most recent technological evolution has led to a further evolution in the juridical character of the person, through the increasingly pervasive collection of personal data carried out, in particular, on the occasion of the supply of goods and services (think of the online offer of “free” services but whose disbursement is subject to the consent to the processing of the data). The research therefore proposes, after having subjected to criticism the dogma of the unavailability of personality rights, to examine how the common contractual discipline should be declined in the case in which the subject of the contract are the immaterial attributes of the person and to underline the differences that necessarily there are between the most traditional cases of disposition of the name and image of the person and those of more recent emergence concerning the collection of personal data, in which the mass logic that supports the exploitation of the data and the the existence of a specific treatment discipline imposes a diversified reflection.