The work critically retraces the jurisprudence’s prevailing position that disclaims the enforceability, in legal set-off, of credits ascertained by a provisional executable court judgment, which has not the authority of res judicata. The comparison with the legal rule and its underlying ratio legis, as well as a correct balancing of involved interest, lead to exclude that in legal set-off credits must be definite, even in trial.
Sulla certezza del credito nella compensazione legale
Immacolata Prisco
2015
Abstract
The work critically retraces the jurisprudence’s prevailing position that disclaims the enforceability, in legal set-off, of credits ascertained by a provisional executable court judgment, which has not the authority of res judicata. The comparison with the legal rule and its underlying ratio legis, as well as a correct balancing of involved interest, lead to exclude that in legal set-off credits must be definite, even in trial.File in questo prodotto:
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