Blog
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. ...
THE LIMITS OF THE OCCURRED USURY: ITALIAN SUPREME COURT DECISION N. 24675/2017
- Friday 08 December 2017
- Contratti, Diritto Civile, Diritto Commerciale e Contratti, Diritto Penale, Novità legislative
- Italia
In the opinion of the Unified Section (Sezioni Unite), if the clause on the interest rate was agreed on before the coming into force of Law N 108 of 1996, the fact that, that rate occur to be higher than the usury treshold during the effectiveness of the contract, does not make that clause null ...
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 ...
Tax Payment Notice not notified and opposition terms
- Thursday 14 September 2017
- Diritto Civile
- Italia
The Supreme Court, by judgment no. 13584/2017, confirmed the deadline of 60 days to oppose non-notified tax acts. In the present case, the taxpayer turned to Equitalia after having learned about a mortgage inscription based on the files he had ever recieved, and after having applied for 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...