Risoluzione per inadempimento e azione redibitoria: sulle condizioni e sui limiti di ammissibilità della domanda proposta nel corso del processo

With two rulings issued within a few months, the supreme Court addresses a similar topic, albeit from different points of view: whether, and under what conditions, the aggrieved party — be it the buyer of defective goods or the creditor of a poorly performed service — may terminate the contract during the proceedings, having learned that the non-performance or the defects affecting the goods are more serious than it appeared at the beginning of the civil procedure. The contribution provides a critical evaluation of the ruling issued by the supreme Court, focusing on the judicial management of termination as a remedy for breach of contract (art. 1453 c.c.) and for breach of warranty (art. 1492 c.c.).