Rapporto tra domanda di adempimento e domanda di risoluzione del contratto per inadempimento

The doctoral thesis concerns the relationship existing between the claim for the fulfilment of the agreement and the claim for its resolution according to article 1453 of the Italian Civil Code. In particular, the thesis tries to check if there are any limits (and, in this case, what kind of limits there are) beyond which the substitution of a claim to the other one is no more possible during the trial and also from a substantial point of view. The analysis goes on with the consideration of the relationship existing between the two claims in the French private law, according to article 1184 of the French Code Civil, in order to check if in that system there is a similar question. The thesis goes on with the comparison of the rules existing in the two systems in order to verify if beyond the differences and beyond the fact that in the French system there is much more freedom for the substitution of a claim to the other one, the principles and the conclusions are quite the same.