Le restituzioni de iure condendo

Translated title of the contribution: [Autom. eng. transl.] The restitutions de jure condendo

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Abstract

The A. analyses the law of restitution, as set forth in Italian Civil Code, which has more than 70 years but it is still efficient. He distinguishes between extra contractual and contractula restitution. Regarding restitution following a breach of contract (contractula restitution), he analyses its retroactive efficacy between the parties (which arises some doubts), also related to contractual damages and third parties' right. According to the A., the rules on contictio indebiti may not applied to contractual restitution, as stated by European law. The A. wishes that the Legislator provides expressly a rule according to which the parties find themselves in exact the same position they were before the execution of the contract, considering the economic values connected to their position.
Translated title of the contribution[Autom. eng. transl.] The restitutions de jure condendo
Original languageItalian
Pages (from-to)783-811
Number of pages29
JournalEUROPA E DIRITTO PRIVATO
Publication statusPublished - 2012

Keywords

  • Breach of Contract
  • Damage
  • Danno
  • Enjust Enrichment
  • Inadempimento
  • Ingiustificato arricchimento
  • Restitution
  • Restituzioni

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