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Regole prescrittive e funzioni descrittive: una stretta di mano necessaria tra diritto e psicologia

Gianluca Sicchiero    Professore ordinario di Diritto privato nell’Università Ca’ Foscari Venezia, Italia    

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abstract

The law protects the will of the parties from deceit and to this end it can make a contract become void. However, it does not specify how intense the deception must be; it also does not take into account the diversity of people this deception is directed at. The consumer code contains a much more detailed set of rules to protect consumers on a more general level.  However, even in this one, there are not tools to distinguish false advertising from legitimate advertising.  It is also the case where you might have a misleading advertising even when telling the truth.  This is because the law lacks concepts ranging from psychology, such as that of illusory competitive advantage.  More generally, there is a need for the lawyer to have assessment tools which belong to psychology, without which they are at risk of not being able to properly assess the phenomena of modern advertising.

Published
June 30, 2016
Language
IT
Copyright: © 2016 Gianluca Sicchiero. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.