Contratto con effetti protettivi per il terzo e danno da nascita indesiderata

The Author addresses the issue of the extension of the protective effects of the contract to subjective positions pertaining to third parties, specifically about medical liability resulting from unwanted birth. In this context, the contract between the pregnant woman and the doctor allows for the protection of the father's rights. The father is considered not just any undifferentiated party whose rights must be protected through the channel of non-contractual liability, but rather a qualified party, encompassed within the protective scope of the contract and involved in its prescribed framework. In the reasoning proposed by the Author, the justification for the subjective extension of contractual effectiveness to the qualified third party is derived, through the criterion of good faith, which serves an interpretative and integrative function, from the overall situation in which the specific contract in question is inserted.