Blog
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The COVID-19's impact on private contracts:Hardship, Force Majeure.
- Wednesday 25 March 2020
- Civil and Commercial Litigation, Contenzioso arbitrale e giudiziario, Contratti, Contratti privati, Coronavirus, Covid19 emergenza - emergency, Diritto Civile, Diritto Commerciale e Contratti, Diritto dell'Unione Europea, Diritto internazionale, Diritto Societario, Forza maggiore - Force Majeure, Inadempimento contrattuale, Mediazione - Mediation, PMI
- Africa, Asia, China, Europa, Italia, Spagna e America Latina, UK, Unione Europea, USA
The coronavirus (COVID-19) and the restrictive measures adopted by governmental authorities of various countries, including China and Italy, to curb it, are having a significant impact on the ability of individuals and businesses to fulfil their contractual obligations. We are witnessing a daily ...
Nullity of protection and investment framework agreement
- Wednesday 31 January 2018
- Contenzioso arbitrale e giudiziario, Contenzioso civile, Contratti, Diritto Bancario, Diritto Civile, Finanza
- Finance
With the recent judgment of the SSUU. n. 898/2018, a definitive point has been put on the validity of the framework contract which has been subscribed only by the investor. The question submitted to the United Sections of the Italian Court of Cassation essentially concerned the scope of art. ...
Civil Cassation 21939/2017: personalisation of damages
- Thursday 28 September 2017
- Contenzioso arbitrale e giudiziario, Diritto Civile, Risarcimento del danno
- Italia
With the judgment 21939/2017, the Court of Cassation stated that in the terms of liquidation of non-economic damages, it is for the court to assess a correct quantification of the said damage. In particular, there should be destinguished the so-called common consequences, that is, what any ...
shared roof infitrations: who pays?
- Monday 22 May 2017
- Contenzioso arbitrale e giudiziario, Diritto Amministrativo
The Court of Cassation, in its judgment no. 11484/2017, ruled on the allocation of costs for the repair and reconstruction of the condominium solarium for exclusive use. This rule is not mandatory because is derogable by the condominium regulation, but the judges have made it clear that the ...
Neighbourhood: the relation between civil action and criminal prosecution
- Thursday 04 May 2017
- Contenzioso arbitrale e giudiziario, Diritto Civile, Diritto Penale
- Italia
The recent judgment of the Supreme Court, no. 54531/2016, clarified how, if the dog disturbs the whole neighborhood, it can be seized. Obviusly, the complaint must be proposed by all the neighbors, and not just by some. It is known that animals are one of the main causes of litigation because...