[Autom. eng. transl.] The note shows how the acceptance of a reconstruction of the debt delegation focused on the so-called atomistic theory, in place of the so-called unitary theory adopted by the judgment of the annotated Cassation (Court of Cassation, September 11, 2007, n. 19090), does not involve only the different actual consequences normally highlighted in the doctrine, but also imply a different relevance of the constitutive elements and postulate a supplementary voluntarism in the integration of the case, namely the need to autonomously reconstruct the acceptance of the iussum by the delegate towards the delegating party and the delegatory acceptance by the delegate towards the delegatee, as it is not possible to infer from the first integration of the second one.
|Translated title of the contribution||[Autom. eng. transl.] The distinction between acceptance of the iussum and delegatory acceptance in the debt delegation|
|Number of pages||7|
|Journal||IL FORO ITALIANO|
|Publication status||Published - 2008|
- diritto delle obbligazioni