Riconoscimento dei vizi

The recognition of defects is the act by which we admit the existence of a defect of a thing. The law attaches to it a number of consequences that affect the warranty due to defects. We tried to determine whether the recognition can be traced back further than the effects futility of the complaint. The starting point was an examination of the warranty for defects: first we identified the concept of defect, through the study of all the rules codicistiche, and their comparison, as it is relevant. This will be analyzed as a guarantee for defects have a different significance depending on whether the sales contract, lease, loan, mortgage, insurance and donation. He then addressed the question of the legal nature of the warranty against defects, reviewing the various theories which over time have been suggested by the doctrine, analyzing specifically, in relation to Community law, the relationship between the guarantee and obligation to deliver things in accordance with the contract. He then explained at length the problem dell'aliud pro alio, illustrating both the differences with the notion of defect, and the various remedies offered to the buyer and the buyer. In the closing part of the scope of the guarantee has addressed the issue of the applicability of the rules concerned the contract of sale prior to the anticipated effects. Do the premises of a systematic nature, it is then passed to the study of recognition, first in general, with particular attention to its reconnaissance function, and subsequently reported to the vices. In this perspective, we analyze the institution of the complaint, having regard to the rules of international law. For a shrewd recognition of the depth it was decided to deepen its links with similar institutions, such as transaction and confession. Outcome was possible to identify a new concept of recognition, other than that provided by Articles 1495 and 1667 cod. Civ.: taking as a starting point for reflection the possibility of a recognition of a defect is irrelevant is assumed, in fact, thanks to the comparative method and the contribution made by the German doctrine, effectively constituting a recognition-an amendment of the guarantee. In other words, through the recognition would allow the parties to create new bonds dropped by the warranty but that presupposes codicistica. It is seen, therefore, as such recognition can apply for accreditation as a means of settlement and / or conciliation, which allows parties to avoid or prevent a dispute concerning the very existence of a defect and therefore the effectiveness or otherwise of the warranty. All without leaving the results in the doctrine and the case was received in the study of recognition of the defects, especially with regard to the effects of limitations on the removal of the guarantee and the deadline for the complaint. Finally, there is dedicated to the analysis of the effects of recognition, by testing whether it can or can not come down obligations for the elimination of defects recognized. Also about the comparative method was crucial. And once again the answer was received from the German law. The theory of recognition-effective constitutive law is amended to guarantee, certainly allows the parties to the creation of new obligations, such as one is eliminated. The concept of innovation derived from the recognition of the obligation has been duly placed in relation to the establishment of innovation, which the Italian case law has often been used to explain the scope of this obligation. In the reconstruction of recognition as a source of obligation has been taken due account of the theories that deny that an act of recognition could lead to new obligations and that led back to the institution to the recognition of debt.