The practical inefficiency of the Anastasiano’s legal withdrawal and its registry protection

Abstract

From Roman law to the present, there has existed with different nuances a right of withdrawal that allows the debtor of a given loan to transfer the transfer. The figure has regained relevance on the occasion of loan assignments caused by the crisis. Analyzing the same, we observe a series of inaccuracies, defects and inconsistencies in the applicability of the credit retraction. The present work analyzes the same ones, with special reference to the formalities related to the inscription and to the role of the Property Registry in relation to the Anastasian retraction.