Abstract
[Autom. eng. transl.] In the context of an advanced manual of civil law, which aims to combine informative exposition with a critical-reconstructive approach and is aimed in particular at the preparation of the competition in the judiciary and at specialized legal operators, the chapter - revised, updated and expanded compared to the fourth edition - addresses the theme of the Commissory Pact and the Marcian Pact. In particular, he examines the rationes and symptomatic figures of the former. He delves into the notion of the second in depth, doubting whether the mechanism of restitution to the debtor of the excess value of the asset compared to the amount of the debt is in itself suitable for excluding the reasons of illegality underlying the first, and then frames three of the figures recently regulated by special legislation which seem to constitute typologies of the Marcian pact.
Translated title of the contribution | [Autom. eng. transl.] Commissory pact and Marcian pact (Chapter LXXXV, section IV) |
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Original language | Italian |
Title of host publication | Manuale di diritto civile |
Pages | 2322-2332 |
Number of pages | 11 |
Publication status | Published - 2023 |
Keywords
- Patto marciano
- Patto commissorio