DI PASQUALE LAGHI
ABSTRACT – The essay examines the contribution of Rosario Nicolò in the reconstruction of the technical foundation of the institute of representation, centered on the theory of so-called «indirect vocation». He brings into the category in question the vocation that arises in favor of the representative in the presence of certain factual events (e.g. pre-death) or legal events (e.g. unworthiness or renunciation) which prevent the vocation of the ascendant. The «indirect vocation», however, has an original and independent character, differentiating itself from the «direct vocation», due to the fact that it borrows, on the basis of a real «conversion» phenomenon, a series of active and passive elements that integrated the content of the represented person’s vocation. This is with the aim of guaranteeing the preservation of the quantitative identity of the hereditary shares due to the lineages generated by the deceased. Beyond the undoubted merits that the theory of «indirect vocation» has had in setting the debate relating to the technical foundation of representation on objective bases, it now appears unsatisfactory both in light of the redetermination of the relationship between the factors of vocation, of the denunciation and designation, both in consideration of the subsequent standardization of the status filiationis; circumstances that lead us to lean towards a different reconstruction of the «vocation of the lineage».
KEYWORDS – Vocation – Designation – Delation – Representation – Indirect vocation – Lineage vocation