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The Termination of Leasing Contract Due to the Lessee’s Default. Between Jurisprudential Principles and Law

  • Abstract

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Keywords: Leasing, Termination, Breach of Contract, Lessee’s Default, Italian Law, Jurisprudential Principles.

The essay deals with the life of the leasing contract and its anticipatory breach in Italian law. In particular, the author traces the solutions adopted in the most important decisions pronunced by the Italian Supreme Court, since 1989 until 2021, analyzing the critical objections raised by the doctrine and the different regulatory framework introduced by art. 72 quater r.d. 267/1942, art. 177 d.lgs. 14/2019, art. 1, co. 78-81, L. 208/2015 and, in the end, art. 1, co. 136-150, L. 124/2017. Finally, the essay focuses on the recent judgment n. 2061/2021 of the Supreme Court and on the developed principle about the operational scope of the new law and the rules applicable to the leasing contract settled before its entry into force

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