La compensazione volontaria e impropria

Translated title of the contribution: [Autom. eng. transl.] Voluntary and improper compensation

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The chapter examines voluntary compensation and the so-called inappropriate or technical compensation. With regard to the first, it dwells on both conventional compensation and actual payments, pursuant to art. 1252, 1st paragraph, cod. civ., verifying the margins of derogation of the agreement to the legal regulation of the compensation under the profile of the reciprocity of the credits, as well as of their liquidity, collectability and homogeneity, both on the pactum de not compensating, of which in art. 1252, 2nd paragraph, cod. civ., verifying the traceability to the latter of the ordinary current account and the bank current account, as well as of the so-called multilateral compensation operating within the clearing houses. With regard to the second, he analyzes the controversial figure coined by the jurisprudence, formulating critical observations.
Translated title of the contribution[Autom. eng. transl.] Voluntary and improper compensation
Original languageItalian
Title of host publicationL'estinzione dell'obbligazione senza adempimento
Pages253-349
Number of pages97
Publication statusPublished - 2010

Publication series

Name. Nuova giurisprudenza sistematica civile e commerciale

Keywords

  • Compensazione

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