News
Configurability of the express termination clause: parties must have provided for the termination of the contract due to the breach of one or more specifically determined obligations
- 23/08/2021
The Court of Cassation, with the recent decision n. 22725 on 11 August 2021, stated that for the configurability of the express termination clause, the parties must have provided for the legal termination of the contract as a result of the breach of one or more obligations specifically determined in the contract or in another deed or document to which the parties have made express reference, such as the declaration that they are in a position to benefit from the loan at preferential rates or those provided for in the application for the grant.
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...