Il nuovo art. 2407 c.c.: tra irretroattività e limiti costituzionali alla discrezionalità legislativa

[Machine translation] With two coeval measures, the Court of Cassation ruled out the retroactive effect of the new art., 2407 c.c., addressing the issue at the level of intertemporal law and avoiding the, temptation to stop at the declaration of inadmissibility - for procedural reasons - of the question of, constitutional legitimacy (of the old text) raised by one of the recurring mayors. The motivation, although, converging in the conclusion, it is divided into passages that affect significant systematic junctions: from, qualification of the genetic moment of the compensation credit to the fate of the bond of solidarity, up to, constitutional limitations of legislative retroactivity. Furthermore, there is no shortage of statements that seem to betray, a critical distance compared to the choice made by Law n. 35/2025 and which take on the tone of an implicit, Warning to the Legislator, now invested with the bill of Law no. 1426/2025. The note, after reconstructing the, regulatory framework resulting from the reform, examines the argumentative structure of the pronouncements,, highlights the consistency profiles and the zones of systematic friction and questions the tightness of, accepted solutions, in the knowledge that the comparison between the three formants of law is far from, concluded.