Interferenza non vincolante nell’altrui sfera dispositiva tra differimento dell’effetto finale e rapidità degli scambi mercantili

Abstract

The paper examines the procedural sequence characterizing the contractual framework of the sale of another’s property, highlighting how the deferral of the transfer effect serves as a technical tool to accommodate economic interests incompatible with the rigidity of the traditional consensual paradigm. A central role is played by the seller’s obligation to procure the buyer’s acquisition of the property, marked by a duality: an obligation of result, aimed at achieving the real effect, and an obligation of means, relevant in cases where the outcome depends on factors beyond the seller’s control. Furthermore, the function of the remedies provided for in Articles 1478 and 1479 of the Italian Civil Code is analyzed, as they ensure the maintenance of contractual balance and the efficiency of legal transactions, while safeguarding the buyer’s reliance interests.