Fabrizio Piraino

The change in the creditworthiness and the dilatory exception ex art. 1461 c.c.

  • Abstract

Informations and abstract

Keywords: Change In The Creditworthiness; Reciprocal Contracts; Consideration; Suspended Performance; Danger of Breach of Contract.

The essay deals with the change in creditworthiness of one party in the reciprocal contracts and it focuses on the dilatory relief regulated by art. 1461 c.c. The author focuses mainly on the concept of change and offers a reinterpretation of the thesis that argues in favor of include in this notion the deterioration in the economic conditions that origins prior to the conclusion of the contract, but that is been without fault ignored by the party seeking the dilatory remedy. There is then the crucial point concerning the foundation of this latter remedy and the dogmatic value of the danger of breach of contract.

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