Verso la forma adeguata (note a margine della soluzione data al problema del contratto monofirma)

The evolution of the concept of «form», promoted by new rules of the new contract law, definitively penetrates the Courts, as evidenced by the recent pronouncement of the Suprem Court’s United Sections on the mono-signature contract, where, not entirely consciously, the principle of internal symmetry of the form requirement is broken, projecting the concept beyond the boundaries now reached by civil law. Thus, we are witnessing not only the consolidation of the functional pluralism of the form, but also its deconstruction becoming a «proper preventive remedy» of the negotiation abuse, as such suitable to be specified due to the concrete conflict of interests and the principles-values involved in the contractual affair. The horizon opens on the fragmented, unilateral form, with differentiated function; in other words, on the appropriate form, which is followed by a subsequent remedial treatment, elastic, always shaped on the concrete case.