[Autom. eng. transl.] In the frame of jurisprudential evolution in the matter of ius variandi from compliance to resolution, ex art. 1453, 2nd paragraph, Civil Code, the analysis offers reflections on the limitation, which jurisprudence has long imposed - and, again, partly requires - the introduction of new facts to support the new applications allowed. In particular, then, starting from a case of a kind of late restitution question, the Author pauses to consider the relationship between resolution and restitution action, in order to examine the possibility that a restitution claim can be accepted by the judge even in the absence of contradictory .
|Translated title of the contribution||[Autom. eng. transl.] The jurisprudential limits to ius variandi ex art. 1453, paragraph 2, of the Italian Civil Code and the problem of the admissibility of the late restitution request|
|Title of host publication||I nuovi orientamenti della Cassazione civile|
|Number of pages||15|
|Publication status||Published - 2017|
- ius variandi