The Loss of a Right Within the System of Private Punitive Remedies  

by Francesco Longobucco

Moving from the intent to govern general clauses more rigorously than in the past, the following research assumes that the loss of a right may result, stricto iure, from the application of a civil penalty, provided for by the legislator or conventionally determined. Thus, it does not seem that the use of the objective good faith, as in the German theory of Verwirkung, may lead the interpreter to rule the loss of the right irreparably, without adequate review of the voluntas legis or where no explicit dismissive intention of disposable situation can be found. On the contrary, the loss of a right seems to be, more properly, a heteronomous penalty only for the cases characterized by conducts of misuse of powers.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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