28 Mar delivered car without the air bag has been repaired and responsibilities of the mechanical accident

If the source of the guarantee is a contract position, It impeditivo the obligation which flows from it ceases when one party deliberately decides to terminate the same contract, accepting performance, although not yet executed to perfection, despite being aware of the new risk situation. In other words, the voluntary repossession of the car by the customer, made aware of the failure to repair the airbag, determines the termination of any obligation of protection arising from the contractual relationship, with the consequent loss of any guarantee position (Cass. 46191/2019).