News
Burden of proof on the creditor in the presence of multiple debts of the debtor past due.
- 08/06/2020
The Court of Cassation with recent order of May 29, 2020, n. 10322 established that, if the debtor has demonstrated that he has paid sums suitable for extinguishing the debt for which he has been sued, having been executed with reference to a specific credit, it is for the creditor-plaintiff, who claims to charge the payment to extinguish another credit, demonstrate both the existence of more than one of the defendant's overdue debts, and the existence of the conditions for the application of one of the subsidiary imputation criteria established by art. 1193 of the Italian Civil Code.
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...