The A. analyses the law of restitution, as set forth in Italian Civil Code, which has more than 70 years but it is still efficient. He distinguishes between extra contractual and contractula restitution. Regarding restitution following a breach of contract (contractula restitution), he analyses its retroactive efficacy between the parties (which arises some doubts), also related to contractual damages and third parties' right. According to the A., the rules on contictio indebiti may not applied to contractual restitution, as stated by European law. The A. wishes that the Legislator provides expressly a rule according to which the parties find themselves in exact the same position they were before the execution of the contract, considering the economic values connected to their position.

Nicolussi, A., Le restituzioni de iure condendo, <<EUROPA E DIRITTO PRIVATO>>, 2012; (3): 783-811 [http://hdl.handle.net/10807/45627]

Le restituzioni de iure condendo

Nicolussi, Andrea
2012

Abstract

The A. analyses the law of restitution, as set forth in Italian Civil Code, which has more than 70 years but it is still efficient. He distinguishes between extra contractual and contractula restitution. Regarding restitution following a breach of contract (contractula restitution), he analyses its retroactive efficacy between the parties (which arises some doubts), also related to contractual damages and third parties' right. According to the A., the rules on contictio indebiti may not applied to contractual restitution, as stated by European law. The A. wishes that the Legislator provides expressly a rule according to which the parties find themselves in exact the same position they were before the execution of the contract, considering the economic values connected to their position.
Italiano
Nicolussi, A., Le restituzioni de iure condendo, <<EUROPA E DIRITTO PRIVATO>>, 2012; (3): 783-811 [http://hdl.handle.net/10807/45627]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10807/45627
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