Ausiliari, responsabilità solidale e "rivalse"

Translated title of the contribution: [Autom. eng. transl.] Auxiliaries, joint and several liability and "retaliation"

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Abstract

[Autom. eng. transl.] The study returns to the topic of the nature of the debtor's liability for the deeds of the auxiliaries, and in particular on the configurability of a joint obligation of compensation for the principal debtor and the auxiliary, for the case of non-fulfillment of the service due to the creditor. Clarified that the art. 1228 cc outlines a responsibility for the debtor's own fact, which is distinguished from the liability of others by the art. 2049 of the Civil Code, the work draws a series of applicative corollaries from such a "conceptual" distinction. Not only in terms of the notion of auxiliary postulated by the two disciplines, but also, and above all, with regard to the often neglected discipline of internal relations between the main and auxiliary debtor, and therefore to the existence (or not) of a right of recourse to first, resulting solvens, with respect to the second, also in light of the recent discipline of health responsibility.
Translated title of the contribution[Autom. eng. transl.] Auxiliaries, joint and several liability and "retaliation"
Original languageItalian
Pages (from-to)361-378
Number of pages18
JournalRIVISTA DI DIRITTO CIVILE
Publication statusPublished - 2018

Keywords

  • ausiliari
  • debitore
  • responsabilità

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