LA GARANZIA IMPROPRIA: PROFILI DI DIRITTO PROCESSUALE

ABSTRACT Consuelo Moschella Phd dissertation (Matr. R10699-R31) The improper warranty: procedural law aspects. The dissertation deals with the theme of the so called improper warranty. Traditionally distinguished and opposed to the proper warranty, the improper warranty has always been considered a minus compared to the first one. The differentiation between the two figures, mainly based on the supposed autonomy of the questions in the hypothesis of call on an improper warranty, has seen for a long time the disapplication for all the cases included in this category of the procedural law provisions, usually applied in case of call on an improper warranty, ie articles 32, 108, 331 c.p.c. With the innovative sentence of the United Sections of the Court of Cassation, n. 24707 of December the 4th, 2015, this historical differentiation of the procedural regime between the two categories of guarantee, unknown to the other jurisdictions, has definitely vanished, remaining only as a distinction with merely descriptive character. Despite the fact that the intervention by the Court of Cassation has definitively declared as outdated the previous applicative distinction, some doubts about the appropriateness and juridical correctness of the definitive abandonment of the said distinction still remains for part of the doctrine. This study it intended to deal with the figure of improper warranty from its origins to its current regulation, without failing to examine the aspects still controversial today.