L’assistenza all’anziano fragile tra intervento pubblico e autonomia privata

The paper analyses the interrelationships between demographic ageing and legal changes; in particular, it examines if and how contemporary societies have introduced appropriate measures to ensure adequate care and support for frail and dependent older people. The issue of care for the elderly therefore appears to be paradigmatic of the intersection between the public and private spheres that generally characterises the approach of contemporary legal systems to old age. Several European LTC systems are therefore analysed, assessing their suitability for
meeting the needs of the elderly. Given the inadequacy of public welfare in most of the systems analysed, the paper examines the emergence of private law and the importance of contractual autonomy in the management of care and assistance.