Sustainability: the Italian case of eco-sustainable contract

Purpose: The ecological analysis of contract law allows one to grasp the evolution of the role of contract from that of its traditional function of exchange or circulation of individual goods to that of shared enjoyment and management of common goods. Methodology: Development becomes sustainable in terms of the realisation of human wellness and quality of life, when the full and free development of the human person is assured. The concept of sustainable development brings with it the complexity of values and principles that must be coordinated by using proportionality as an ordering criterion. Environment, market and property constitute a unitary experience. Findings: An eco-sustainable contract is one of the options available for the construction of another economy, one that is circular and shared, supportive and sustainable, in which one asks not only for a product or a service on which the quality of both present and future life depends but for true social and environmental interaction. Originality: Contract loses its proprietary connotation in order to be able to achieve economic benefits that are not directly proprietary, compatible with the full development of human beings, in the light of personalism and solidarity, supporting a move away from proprietary rights in the civil law.