Abstract: This essay is aimed at analysing the different opinions formulated by scholars from time to time in relation to the legal nature of the mortgage annotation (annotazione ipotecaria) of the transfer of claims and subrogation upon decision by the debtor (surrogazione per volontà del debitore). Furthermore, it analyses their application, especially in relation to third parties’ legal positions, also in light of the amendments in the law and of the new economic and social instances in this area. In addition, it reviews the new case law by the Court of Cassation (ruling no. 5508 dated February 26, 2021) concerning a case of lack of mortgage annotation. After the abovementioned analysis, the author deals with the legal nature of the said mortgage annotations, defined as “limited constitutive effects” (costitutività limitata), highlighting the grounds behind such interpretation and its concrete legal implications.
Costitutività (limitata) dell’annotazione ipotecaria di cessione del credito e surrogazione per volontà del debitore
Francesco Martino
2022-01-01
Abstract
Abstract: This essay is aimed at analysing the different opinions formulated by scholars from time to time in relation to the legal nature of the mortgage annotation (annotazione ipotecaria) of the transfer of claims and subrogation upon decision by the debtor (surrogazione per volontà del debitore). Furthermore, it analyses their application, especially in relation to third parties’ legal positions, also in light of the amendments in the law and of the new economic and social instances in this area. In addition, it reviews the new case law by the Court of Cassation (ruling no. 5508 dated February 26, 2021) concerning a case of lack of mortgage annotation. After the abovementioned analysis, the author deals with the legal nature of the said mortgage annotations, defined as “limited constitutive effects” (costitutività limitata), highlighting the grounds behind such interpretation and its concrete legal implications.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
