Autonomia d'impresa e garanzie personali

Personal guarantees represent an essential moment of entreprise baragaining power. In the last years, italian legal system has known the importance of personal security bond and general guarantee. These contracts have caused a fundamental break with the rules of Civil Code about i) the traditional surety agreement, ii) consideration of contract; iii) object of contract. The approach wich has been chosen in the study of these problems underlines the specific features of entreprise private autonomy that must bu distinguished from the classic and theoretical individual private autonomy. The rules governing the theory of entreprise private autonomy could be found in Article 41 of the italian Constitution; in the Civil Code special provisions about the role of entreprise as contractor; in the lex mercatoria and global transaction rules. The topic of new forms of personal securities needs to be tackled on a comparative analysis. In this field is essential looking at international regulatory solutions of Uncitral, Icc, and Dcfr. Furthermore, french legal standards can facilitate a more datailed study on the relationship between entreprise, personal securities and credit protection.