La Cassazione torna sulla Verwirkung per negarla

[Autom. eng. transl.] The Court of Cassation of 26 April 2024 n. 11219 - with reference to a lease in which the tenant's obligation to pay the rent had remained unfulfilled for 52 months, with the consequent request by the lessor for payment of the expired installments and termination of the contract for non-fulfilment - excludes the applicability to the lessor's inertia in collecting the rent of an institution similar to the Verwirkung of German law, thus reconnecting with its dominant direction. The commentary examines in depth the reasons that justify the exclusion of the extinguishing relevance of conduct of abstention from the exercise of the right that does not continue for the time provided by law for the purposes of the prescription of the right, aiming to demonstrate that between extinction by prescription and extinction by waiver of the right (even tacit, as long as it is unequivocal) tertium non datur.