Luigi Nonne

Book Review: Il potere di scelta del creditore sulla prestazione incompleta by Luca Sitzia

  • Abstract

Informations and abstract

Keywords: Obligation; Incomplete Performance; Power of Refusal; Agreement.

The research focuses on the protection granted to the creditor in the event that, regardless of his will, he has received an incomplete performance by his debtor and the incomplete performance has been directed to his legal sphere or has already produced effects into such legal sphere. The research highlights that the creditor's power to strengthen the effect of the incorrect performance which is able, if performed in full and correctly at a later stage, to satisfy his interest as creditor, is much wider than the one accorded to him with regard to the performance of an obligation which is irreversibly different from the one due. Indeed, the incomplete performance can not be claimed back by the solvens, except in case of offer of the entire performance or of refusal opposed by the creditor to accept the effect of the incomplete performance by the debtor. On the other hand, in order to stabilize the effects of the incomplete performance an agreement between the parties is not always necessary, since in many cases a display of the creditor's will in this sense could be sufficient.

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