News
Abuse of rights: constitutive elements
- 11/10/2021
The Court of Cassation with the decree n. 26541 on 30th September, 2021, identified the elements that constitute the abuse of the right. In particular, the latter occurs when the person holding an individual right, which can be exercised by procedures not rigidly predetermined, exercises it, while formally respecting the legislation, by means which are liable to be censured because they are contrary to objective good faith and which give rise to an unjustified disproportion between the benefit obtained by the right’s holder and the sacrifice of the other party.
NEWS
The Council of State reaffirms some principles in the field of public procurement
02/05/2024The Council of State, Section V, in its judgment of 12 February 2024, no. 1372, rendered on the subject of tender contracts, ruled that the instrument of "soccorso istruttorio" cannot be used to re...
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...