Abstract

The contribution deals with the liability of the seller of consumers good for the delivery of a good not in conformity with the contract, either because different from the good sold or because of the existence of a third-party right. The examination of this issue is carried out on the base of the Italian law implementing directive 2019/771/UE on the sale of good. It is argued that the delivery of a good different from the good sold (aliud pro alio datum) does not represent a case of lack of delivery (non factum), but a case of delivery of a non-conforming good (male factum). As far as infringements of rights of third parties that prevent or limit the use of the delivered good are concerned, all relevant cases are discussed, ranging from the delivery of a stolen good to the delivery of a counterfeit good