News
Virtual nullity of the contract and confessional effectiveness of the declarations contained therein
- 28/09/2020
The Supreme Court, with order of 22 September 2020, n. 19755 established that the nullity of the contract for contrary to mandatory rules overwhelms the clauses, but not any declarations of science or will contained therein. On the basis of this principle, the Court held that the declaration of nullity of a sales contract does not in itself overwhelm the confessing effects of the declaration, included in it, with which the seller acknowledges that he has collected the price and, consequently, dictates declaration, even if included in a contract declared invalid, can constitute proof of payment in the judgment for restitution of the undue amount resulting from the declaration of nullity.
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...