The Author has addressed his analysis to the issue of general clauses and notions with variable content in law. On the analytical and dogmatic point of view the Mengoni’s perspective continues to be a fundamental and unavoidable point of reference, also for those who, in more recent times, have written on the same issue without any particularly innovative ideas. Mengoni’s theory on general clauses can be, nonetheless, enlarged in order to encompass just cause, just subjective motive or in some cases, equity, not comprised by Mengoni into the category of general clauses, even if they correspond to the description of this category. The author goes on analysing the implications in hermeneutics of the notions with variable content in law, especially in the antinomy between legal certainty and the evolution of legal systems, stressing the tensions between the State powers, and evaluating the perspective of using the notions with variable content in law in the light of the more recent theories.
Keywords: General clauses; Notions with variable content in law