This research involves the acknowledgment of a right in rem, in Italy called riconoscimento del diritto reale, that is a one-sided declaration in which the ownership or the property interest of another person is recognized as real. The italian legal system does not provide for a general rule about the recognition of property rights, unlike what happens to obligations (article 1988 italian civil code). However, my study describes various hypothesis of acknowledgment provided for by civil legislation and cases identified by jurists and by judgements. The aim of this research is to highlight the acknowledgment of a property interest as contra se pronuntiatio and its consequences. Focusing on differences with confession and other similar legal arrangements (such as unilateral promises), it is possible to emphasise the value of the recognition of a right and its effects, particularly against the person who made the declaration. Availing himself of the general principles of the legal system, the judge can use the acknowledgment as proof or as evidence in civil judicial proceedings. Finally, my study analyses the conciliation agreement about the italian usucapione (similar to adverse possession) during the mediation procedure, an alternative dispute resolution introduced in 2010: parties can affirm that the situation of fact ascertained coincides with the existence of the right, transcribing this act ex article 2643 no.12 bis italian civil code. *considering the object of the study, linked to the civil law tradition, this abstract is not a literal translation of the original version.
Il riconoscimento dell’altrui diritto reale
GRASSELLI, SILVIA
2018
Abstract
This research involves the acknowledgment of a right in rem, in Italy called riconoscimento del diritto reale, that is a one-sided declaration in which the ownership or the property interest of another person is recognized as real. The italian legal system does not provide for a general rule about the recognition of property rights, unlike what happens to obligations (article 1988 italian civil code). However, my study describes various hypothesis of acknowledgment provided for by civil legislation and cases identified by jurists and by judgements. The aim of this research is to highlight the acknowledgment of a property interest as contra se pronuntiatio and its consequences. Focusing on differences with confession and other similar legal arrangements (such as unilateral promises), it is possible to emphasise the value of the recognition of a right and its effects, particularly against the person who made the declaration. Availing himself of the general principles of the legal system, the judge can use the acknowledgment as proof or as evidence in civil judicial proceedings. Finally, my study analyses the conciliation agreement about the italian usucapione (similar to adverse possession) during the mediation procedure, an alternative dispute resolution introduced in 2010: parties can affirm that the situation of fact ascertained coincides with the existence of the right, transcribing this act ex article 2643 no.12 bis italian civil code. *considering the object of the study, linked to the civil law tradition, this abstract is not a literal translation of the original version.File | Dimensione | Formato | |
---|---|---|---|
TESI il riconoscimento dell'altrui diritto reale_silvia grasselli.pdf
accesso aperto
Dimensione
830.97 kB
Formato
Adobe PDF
|
830.97 kB | Adobe PDF | Visualizza/Apri |
I documenti in UNITESI sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
https://hdl.handle.net/20.500.14242/194487
URN:NBN:IT:UNIMC-194487