Emilio Betti e il suo tempo, con una chiosa sull’impiego della causa concreta a tutela dell'equilibrio contrattuale

On the occasion of the 80th anniversary of the publication of Emilio Betti’s most important work on civil law, the well-known «Teoria generale del negozio giuridico», this essay presents three essential features of the author’s scientific and human charac- ter, including his support for the fascist regime. Despite Betti’s undeniable influence, the Italian Civil Code of 1942 has generally remained free of ideology with respect to contracts. It is therefore remarkable how the Supreme Court has recently used liberal institutions to achieve results, such as the restoration of contractual balance, that not even Betti would have dared to hope for under an authoritarian regime inspired by the demands of corporate solidarity.