6533b873fe1ef96bd12d5c7f
RESEARCH PRODUCT
Normativa urbanistica e contratto preliminare
Eleonora Buterasubject
Contratto preliminare Normativa urbanistica Suprema Corte Trasferimenti immobiliari.Settore IUS/01 - Diritto PrivatoPreliminary contract Urban planning regulation Italian Supreme Court Transfer of immovable property.description
The following article addresses the critical and controversial question concerning the invalidity of the transfer of immovable property not complying with urban planning regulation and the implication of this invalidity in the specific context of the preliminary contract. The paper comments an innovative and recent ruling of the Italian Supreme Court that proposes a crucial change in comparison with the previous decisions made in this matter. The most relevant aspect of the new Supreme Court's guideline, which makes this judgment a leading case, concerns the extension to preliminary contracts of nullity deriving from the conflict with urban planning regulations. This is an important revirement that has major consequences in the field of transfer of immovable properties. The article analyses in detail this radical change of position pointing out its potential critical aspects.
| year | journal | country | edition | language |
|---|---|---|---|---|
| 2015-01-01 |