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Additional resources for Italian Private Law (University of Texas at Austin Studies in Foreign and Transnational Law)

Sample text

We have already distinguished between personal and tangible obligations. There are also strictly personal obligations, which can only be discharged by a specified obligor (for example, an artist, a surgeon, etc), or for the benefit of a specified obligee, such as in the parental obligation to support. Obligations are simple when they can be performed by a single prestation, or (in the so-called case of cumulative obligations) by more than one prestation to be carried out by a single obligor. They are alternative when the obligor can choose between the performance of two obligations – or more, in which case we refer to ‘multiple alternatives’ (Arts 1285 and 1291 civil code).

The acts are voidable otherwise at the instance of the minor, his heirs or assignees (Art 396 civil code). Emancipation is encountered most commonly in the exercise (or better, the continued exercise) of a business enterprise. In these cases the emancipated minor may, with the court’s consent, undertake all acts of disposition relating or not relating to the business, without the aid of the trustee (Art 397 civil code). 3. Natural incapacity Natural incapacity is to be distinguished both from legal incapacity and from incapacity to exercise rights.

The loss of a right can generally be a consequence of the operation of law, as in the case where a sanction is applied. This occurs, for example, where an individual constructs a building without first having obtained a planning permit from the relevant authority. In such cases, the improperly erected building may be confiscated and henceforward be the property of the local authority in which it is situated (Art 151 of law no. 10 of 1977). In other cases, the loss of a right is brought about by collective requirements.

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