L’USUFRUTTO DI CREDITI E DI TITOLI DI CREDITO

The first part of the work concerns the usufrutto of credits. It opens with the analysis of the nature of this legal institute, which is regarded as a genuine diritto reale di usufrutto, rejecting any different qualification proposed in legal literature; then the attention is turned to consider the regime of the institute. The second part, which is about the usufrutto of titoli di credito, begins with the examination of the main kinds of titoli and with the individuation of those which are more suitable to become object of usufrutto. This is followed by an attempt to build the rules about usufrutto of titoli di credito, moving from the incomplete and shattered legal provisions, with the aim to clarify who owns the rights that can be incorporated into the titolo, and how these rights must be exercised. Then the work analyses the way the usufrutto has to be constituted according to the titoli’s circulation regime. Finally it is put forward the proposal to figure a “rotating” usufrutto, in the same way the pawn can have this feature.