The article deals with the application of the art. 1189 italian civil code – according to the payment made by mistake and in good faith to an ostensible creditor discharges the debtor – also in the case of the payment to an ostensible representative (of the creditor). The study suggests that the italian judges only apparently are in favour of this large application of the rule; in fact they discharge the debtor only if the true creditor has negligently caused the debtor’s mistake. But, according to the Author, this solution is not always persuasive.
|Translated title of the contribution||[Autom. eng. transl.] Payment to the apparent creditor and the apparent representative: an always ambiguous jurisprudential orientation|
|Number of pages||5|
|Journal||LA NUOVA GIURISPRUDENZA CIVILE COMMENTATA|
|Publication status||Published - 2019|
- Falsus procurator
- Pagamento al creditore apparente