The chapter is primarily aimed at verifying whether the retention of title clause can be used in real estate bargaining, examining the problem also from the perspective of its enforceability to purchasers and creditors of the parties. Issues relating to breach of contract and the effects of termination are also analyzed. On the basis of these considerations, the author examines the differences between the retention of title agreement and other similar contractual figures (e.g. leasing and rent to buy), highlighting the reasons that may determine the parties to choose a contract rather than the 'other.
Albanese, A., La cláusula de reserva de propiedad en el Derecho Civil italiano, in Walter Vásquez Rebaz, W. V. R. (ed.), Principales cláusulas de la contratación privada contemporánea, Asociación Civil IUS ET VERITAS, Lima 2021: 1 389- 410 [http://hdl.handle.net/10807/212790]
La cláusula de reserva de propiedad en el Derecho Civil italiano
Albanese, Antonio
2021
Abstract
The chapter is primarily aimed at verifying whether the retention of title clause can be used in real estate bargaining, examining the problem also from the perspective of its enforceability to purchasers and creditors of the parties. Issues relating to breach of contract and the effects of termination are also analyzed. On the basis of these considerations, the author examines the differences between the retention of title agreement and other similar contractual figures (e.g. leasing and rent to buy), highlighting the reasons that may determine the parties to choose a contract rather than the 'other.
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