Studio Legale Pavan Website

The Court of Cassation with the decree n. 28022 on 14th October, 2021, confirmed the decision of the United Sections of the same Court in the matter of leasing expressed in the judgment n. 2061 on 28th January, 2021.

The clause that, in the case of resolution for breach of contract by the user, gives to the grantor the possibility to claim the fees already expired and those not yet accrued, after deduction of the market value of the thing covered by the contract at the time of the resolution, is valid. This is it because the law allows the parties to regulate ex ante restitutors and compensators obligations and, in particular, articles 1526 c. 2 and 1382 of the Italian Civil Code allow the parties, respectively, to provide that the rents already paid by the user remain acquired by the grantor as fair compensation and to predetermine the quantification of the damage. There is nothing to prevent the damage being quantified to the same extent as the fees which have not yet accrued.  Moreover, the forecasting of the deduction of the market value of the thing at the time of resolution avoids that the grantor may derive a greater advantage from the breach of contract than from the proper performance of the contract. In any case, the estimate of the thing to be deducted must be made in compliance with the rules of fairness and good faith.