News
Negligent contest 1227 c.c. and liability pursuant to 2051 of the Italian Civil Code
- 22/02/2021
The Supreme Court, with decision no. 4035 of February 16, 2021 clarified that, where the responsibility of the caretaker is deducted for the fall of a pedestrian at the disconnection or hole of a sidewalk, the assessment of responsibility must be conducted pursuant to art. 2051 of the Italian Civil Code and the recurrence of the fortuitous event is not predictable in the face of the mere ascertainment of a culpable conduct of the victim (which may instead assume relevance, for the purposes of reducing or excluding compensation, pursuant to art. or 2), requiring, for the integration of the fortuitous, that said conduct also present characters of unpredictability and exceptionality such as to interrupt the causal link between the thing in custody and the damage.
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...