Journal title DE IUSTITIA ET IURE
Author/s Maurizio D’Errico, Marko Di Vincenzo, Mariaconcetta Trapani
Publishing Year 2025 Issue 2025/1
Language Italian Pages 19 P. 132-150 File size 0 KB
DOI 10.3280/ius2025oa20365
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The abdicative renunciation constitutes a unilateral non-receptive legal transaction giving rise to a dismissive effect with respect to a legal situation existing in the hands of the renouncer. However, the individual’s willingness to abdicate cannot harm the interests of the community by providing for the divestiture of uneconomic rights in (un)favour of the State, thus generating a distorting effect of the waiver transaction. In this sense, disputes have already arisen in concrete terms and the judges on the merits have referred the question directly to the United Sections by means of a preliminary reference pursuant to Article 363-bis of the Code of Civil Procedure. The question of law being examined by the Court of Cassation in United Sections concerns both the admissibility of the abdicatory waiver transaction in the Italian legal system and the assessment of the merits of the interests involved in the balancing act between the pursuit of selfish and opportunistic aims and the protection of the social function and the interests of the community.
Keywords: ; Abdicative renunciation; Disposal of the right; Purchase of the property by the State in its original form; Admissibility of the abdicative renunciation; Merit of the abdicative transaction; Consideration by the United Sections
Maurizio D’Errico, Marko Di Vincenzo, Mariaconcetta Trapani, L’ammissibilità della rinuncia abdicativa al vaglio delle Sezioni Unite della Corte di Cassazione in "DE IUSTITIA ET IURE" 1/2025, pp 132-150, DOI: 10.3280/ius2025oa20365