“Exécution forcée en nature” tra vecchi e nuovi modelli italo-francesi

[Autom. eng. transl.] The parallel study of specific contractual remedies, respectively, according to the Italian and French model, leads to cross reflections on the path followed by the legislator, and accompanied by jurisprudential stratifications, in the discipline of compliance and execution in a specific form. The overlap between the different levels of cognition and execution, conveyed by us by the rules referred to in Articles 2930 and following cod. civ., is encouraged, in France, by the ambivalence of the same expression "exécution forcée en nature" referred to in Articles 1217 ff. code civil, which is used to indicate both the concepts of fulfillment and execution in a specific form. The figure of compensation in kind adds complexity to the picture, which due to the not rare interference with the restitution remedy overlaps, in ways that at times seemed inextricable, to the effects of the reintegration protection, given in this context by the compliance action.