I "nuovi marciani" tra diritto interno e diritto privato europeo

This Ph.d. thesis focuses on a peculiar type of pact known as “patto marciano”. In particular, this research analyses the relationship between this kind of agreement and the general principle of voidance of pre-default agreements on encumbered assets (also known as the prohibition of lex commissoria). The research clarifies which is the role of patto marciano in relation to the general principles governing real securities. The first chapter firstly provides an historical analysis of the prohibition of lex commissoria in Roman Law. Secondly, it shows the application of this prohibition from the Middle Age to the Modern Era. The second chapter focuses on a comparative analysis of the prohibition of lex commissoria in the French, German and Dutch legal system. The third chapter focuses on the italian debate about the interpretation of the principle of voidance of lex commissoria and the relationship between this principle and the so called patto marciano. The fourth and last chapter analyses the new arrangements recently introduced by the italian lawmaker inspired to the model of patto marciano.