The paper concerns the topic of contracts entered into by a person suffering from mental
incapacity. The matter is analysed considering the rules of invalidity given in three legal systems
(Italy, France and United Kingdom) and their limits as well as the broader framework
where incapacity has to be seen (CESL). It is argued that the special rules of invalidity and
the traditional distinction between capacity and incapacity will lose their importance in
the light of the attention paid by the new instruments to bargaining power abuse.