Responsabilità sociale dell’impresa e danno ambientale

This research, titled "Social Responsibility and Environmental Damage", explores the intersection of corporate social responsibility (CSR), tort law, and contract law within a comparative legal framework. The analysis centers on the relevance of the Italian constitutional principle of social utility in civil law, particularly when addressing environmental harm. Special attention is given to the legal system of the People's Republic of China, where the evolution of contract law—especially the concept of “green clauses” and Article 509, paragraph 3, of the Chinese Civil Code—signals a shift toward a socially-oriented contract model. This provision introduces an environmental obligation as an accessory duty alongside the primary obligations of contracting parties, thereby reshaping the traditional principle of party autonomy. The discussion draws upon significant contributions from Italian legal scholars, examining how the incorporation of environmental duties reflects broader transformations in private law. It is argued that environmental regulation, akin to competition law, should be recognized not merely as a constraint but as a functional component of market infrastructure. In this light, the research proposes two interpretative avenues to incorporate this emerging model into the domestic legal system: a re-evaluation of the concept of public order in imposing positive duties on parties, and a renewed focus on the principle of solidarity within tort law.