Patto commissorio e patto marciano (Capitolo LXXXV, sezione IV)

[Autom. eng. transl.] In the context of an advanced manual of civil law, which aims to combine information exposure with a critical-reconstructive approach and is aimed in particular at the preparation of the competition in the judiciary and at specialized law operators, the chapter - revised, updated and expanded with respect to the third edition - it deals with the subject of the commissory pact and the Marian pact. In particular, the first examines the rationes and symptomatic figures. Of the second, he deepens the notion, doubting whether the mechanism of restitution to the debtor of the excess of the value of the asset over the amount of the debt is in itself suitable to exclude the reasons of illegality underlying the first, to then frame three of the figures recently governed by special legislation which seem to constitute typifications of the Marciano pact.