LA RITENZIONE DELLA CAPARRA CONFIRMATORIA. RIFLESSIONI BREVI SU UN CASO DI RECESSO IN AUTOTUTELA

Abstract

Self-protection is the power granted to a subject to directly achieve, on an out-of-court level, for his own benefit, a certain effect in the legal sphere of the perpetrator of a harmful conduct. The right to retain the confirmatory deposit, a singular case of out-of-court termination of the contract for non-fulfillment, can be attributed to the category of self-protection, counted among the "withdrawal of self-protection". The study systematically reconstructs the requirements of the case and the protection regime of the figure, in the light of the sources and evolutionary hermeneutics of doctrine and jurisprudence, identifying its complex function and the nature of an alternative remedy.