Alea e scambio: il caso dei contratti derivati

This paper assesses the issue of alea in the Italian juridical system through the lens of case law on derivative contracts. After having shed light on the role of derivatives in the current economic system and on the fundamental legal issues that they raise, case law concerning their validity is critically assessed. Considerations on the regulation of the market order are drawn from the analysis of the relationship between the notions of causa and alea. Finally, the legal consequences affecting the settlement of a contract declared immeritevole are analyzed.