La buona fede "autointegrativa" nel diritto contrattuale europeo

The revival of the “good faith” clause starting from the Draft of a Common Frame of Reference, forces a deep theoretical reflection about the anti-formalistic direction that aims to build the private law system through value paradigms. Nonetheless, with some risks. Hence, this essay reflects on the role played by the general clause of the “good faith” (and by the equity) in the European Contract Law in front of the contractual information asymmetry, showing that it is possible to reduce hermeneutics complexity by intentional vagueness, ensuring effectiveness of law. But with some limits, imposed essentially by the fidelity to law.