Riconoscimento operoso del venditore e termine di prescrizione

Under Italian law warranty is subject to a special period of prescription: in the event of lack of conformity the buyer can bring an action to obtain termination of contract or price reduction within one year’s time (art. 1495 c.c.). The different agreement to replace or to repair the good is not regulated by the civil code. According to the Italian Corte di cassazione this kind of agreement is to be regarded as a new promise falling outside the scope of warranty and subject to the general period of prescription (ten years, ex art. 2946 c.c.). On the contrary the author points out that the agreement to replace or to repair the good should be ascribed to warranty, being subject to its special period of prescription. This idea appears to be supported also by Sale of consumer goods directive and Principle of European Contract Law.