Palermo, Marco (AA 2022/2023)
On the subject of donation resolution.
Degree Thesis in Civil Law 1, Luiss Guido Carli, supervisor Teresa Pasquino, pp. 71.
[Single Cycle Master’s Degree Thesis]
Full text for this thesis not available from the repository.
Abstract/Index
The donation contract. Requirements and discipline. The subjects of the donation. The accidental elements of the typical donation. The effects of the donation: contractual effects. Invalidity of the donation. Non-donative gifts. Mutual consent in contracts in general. Contractual discipline of mutual consent. Contractual resolution by mutual consent: debate on its nature. Resolution of the donation. Resolution of the donation by mutual consent (introductory notes). Mutual consent in the donation: cases and issues of notarial interest. Resolution of the modal donation. The condition of reversibility in the donation (a further resolutive effect). Resolution by mutual consent of the donation of real estate. Causal novation as an alternative to resolution by mutual consent. Doctrinal orientations. The legal effects of the causal novation of the donation. The publicity of the causal novation: an exception to the presumed rule of the specificity of the transcribable cases. The right of option in the causal novation of the donation for sale (doctrinal orientations). Other doctrinal remedies in favor of the third party purchaser. The indemnitatis surety. The insurance policy.
References
Bibliography: pp. 60-69.
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