La natura dinamica della comunione di residuo tra diritto condizionato e aspettativa di acquisto

Fadda, Rossella

2023-01-01

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Abstract

The category of the community of residue is revisited to outline its nature and regime, overcoming the static consideration of the pure ownership of goods intended for the deferred community and favouring a dynamic perspective. In this perspective, by valuing the allocation of these goods in the community of property, although deferred, the paper aims to reconstruct the managing pow- ers of the titular spouse and the subjective legal situation of the other, during the community and after its dissolution. Once the acquisition profile has been defined, linked to the initiative of the spouse acting in his own name, it is rec- ognized a limit to his powers, which may constitute a conditional right of the receiving spouse and a consequent purchase expectation, though sui generis, of the spouse not acting. As a result, upon dissolution of the community property, the acquisition is completed by the constitution of a real right on the common property in favor of the spouse holding the expectation.