L’eccezione di difetto di rappresentanza secondo le Sezioni Unite: a proposito di Cass. Sez. Un. 3 giugno 2015 n. 11377

[automatically translated] In the article in question is addressed the detection of the exception of the office of representation defect, in the light of the recent United Sections Cass judgment. sez. a. June 3, 2015, n. 11377. The Court, reversing its earlier decision, has applied for the character of the exception in the broad sense of the word defense, resulting in detection of office. The author, adhering to the orientation expressed by the United Sections, title defense at issue, according to its specific content, as a challenge or dispute the fact of the right, on the pad - shared by the judge of legitimacy - that the pseudo-represented armies a potestative right only when it ratifies the contract concluded by the falsus procurator, the contract until that moment ineffective.