[Autom. eng. transl.] Overcoming the uncertainties of the past, the jurisprudence now seems to favor the application of the liberating payment rule to the apparent creditor in the hypothesis of solutio to the apparent representative, after ascertaining the "fault" of the true creditor in determining the error of the solvens. This operating rule is however much less favorable to the solvens in good faith than it appears at first sight and, adding an element extraneous to the case of art. 1189 cod. civ. to consider the payment liberating, it balances the opposing interests of the creditor and the debtor solvens in good faith in a not entirely convincing way.
|Translated title of the contribution||[Autom. eng. transl.] Payment to the apparent creditor and the apparent representative: an always ambiguous jurisprudential orientation|
|Title of host publication||I nuovi orientamenti della Cassazione civile|
|Number of pages||11|
|Publication status||Published - 2019|
- Falsus procurator
- Pagamento al creditore apparente