La flessuosa disponibilità della delegazione e i molteplici interessi delle moderne economie

The study analyzes the legal function of the so-called pure delegation, pro posing to show that the economic function of the so-called ‘counting’ in favour of the delegatee of the amount paid by the delegate corresponds to the legal function of a deposit in favour of the third party. With regard, then, to the value of the second paragraph of art. 1271 of the Civil Code, it is pointed out that the rule can apply only to pure delegation and that the provision should be better formulated as follows: ‘the delegate may oppose the delegatee on the ground of its relationship with the delegating party whenever the latter no longer has any interest in the performance of the service to the delegatee due to unforeseeable and unforeseeable circumstances’. Concerning the delegation titled with respect to currency, the thesis that such titling would always give rise to novation and never to particular succession to the debt is subject to critical evaluation. In conclusion, some considerations concern the manner in which the delegation is to be concluded