News
Abuse of rights: constitutive elements
- 11/10/2021
The Court of Cassation with the decree n. 26541 on 30th September, 2021, identified the elements that constitute the abuse of the right. In particular, the latter occurs when the person holding an individual right, which can be exercised by procedures not rigidly predetermined, exercises it, while formally respecting the legislation, by means which are liable to be censured because they are contrary to objective good faith and which give rise to an unjustified disproportion between the benefit obtained by the right’s holder and the sacrifice of the other party.
NEWS
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
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- 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...
