La riserva della proprietà nella vendita immobiliare con particolare riguardo ai rapporti tra coniugi e tra coeredi

Translated title of the contribution: [Autom. eng. transl.] The reservation of the property in the real estate sale with particular regard to the relationships between spouses and between heirs

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The essay examines the question concerning the eligibility of the property reserve in the sale of real estate. Reconstructed in terms of real expectation the legal situation that arises from the contract before the translational effect, verifies its compatibility with the principle of typicality of real rights. The positive solution is based on regulatory indexes that allow the buyer to oppose his right to purchase the property from the seller's third creditors and his assignees. The deferral of the translational effect with respect to the time of the conclusion of the agreement poses the problem of the relevance of contingencies such as the marriage and the death of the buyer. These cases are taken into consideration from the point of view of the communion regime between spouses and joint heirs, in order to establish respectively the exclusive or common belonging of the purchased good and the solidarity or partial nature of the obligation to pay the price.
Translated title of the contribution[Autom. eng. transl.] The reservation of the property in the real estate sale with particular regard to the relationships between spouses and between heirs
Original languageItalian
Title of host publicationRent to buy, leasing immobiliare e vendita con riserva della proprietà. Profili civilistici, processuali e tributari.
EditorsA Albanese, S Mazzamuto
Pages125-141
Number of pages17
Publication statusPublished - 2016

Keywords

  • riserva proprietà

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