News
The oath is inadmissible when referred to the termination of the preliminary contract
- 02/01/2019
The Court of Cassation in the Sentence no. 30446 of November 23rd 2018 established that the oath cannot be admitted to prove the consensual resolution of a preliminary sale contract of real estate, because even this contract is subject to the requirement of the written form.
According to the Court, article 2739 of the Italian Civil Code provides that the oath cannot be used “[...] regarding a contract if, for its validity, the written form is required”.
The Court of Cassation has therefore held that even in case of consensual terminationof a preliminary sale contract of real estate, such act is subject to the requirement of the written form, not only when the agreement is definitive, but also when it is a preliminary agreement.
NEWS
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...
- 14/03/2024
The Court of Cassation, in its Order No. 34889 of 13.12.2023, ruled that banking or financing contracts that refer to a manipulated Euribor rate through a restrictive agreement by credit instituti...
