L’adempimento in natura alla luce della riforma del code civil

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Abstract

The reformed French Code Civil has completely rewritten the discipline of the inexécution du contrat, among other things expressly recognizing the remedy of the specific performance, namely the exécution forcée en nature, and reserving it a complete discipline. So it's been possible to overcome the narrow original formulation of the code civil in the matter and incorporate in the code solutions that, despite the indications of the opposite sign offered by his previous version, had slowly established themselves both in doctrine and in jurisprudence, also as a result of influences from other continental legal systems and from European private law. The illustration of the new French system of rules on the reaction to breach of contract, with specific reference to the exécution forcée en nature, allows to evaluate the parallel evolution of Italian law of obligations under the profile of the emergence and the consolidation of the remedy of specific performance. The reform of French Code civil confirms the rationality and the coherence of many of the acquisitions of our debate on the scope and on the presuppositions of the specific performance.
Lingua originaleItalian
pagine (da-a)1273-1293
Numero di pagine21
RivistaGIURISPRUDENZA ITALIANA
Stato di pubblicazionePublished - 2018

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