News
Be wary of fulfilling: if the deadline is less than 15 days it has no effect.
- 25/05/2020
The Court of Cassation, with sentence no. 8943 of 14 May 2020, established that in terms of warning to fulfill, a term shorter than fifteen days is only based on the conditions set out in art. 1454, paragraph 2, c. c.; consequently, in the presence of the assignment of the shorter term, the following are irrelevant: the previous reminders addressed to the debtor for the fulfillment, as this circumstance does not concern the nature of the contract, but an omissive behavior of the debtor; failure by the debtor to contest the deadline, provided that, on the basis of an assessment referred to the trial judge, such failure to contest does not take on meaning for the purpose of tacitly concluding the agreement in derogation; failure by the debtor to indicate the different term, deemed appropriate, which presupposes a charge not contemplated by the law; the continuation of the debtor's default beyond the assigned term, since the illegitimately ordered notice for a period of less than fifteen days is in itself unsuitable for the production of extinctive effects with regard to the relationship established between the parties.
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...