News
Atypical mediation: possibility of double commission for the mediator who has received the assignment from a single contractor
- 04/10/2021
The Court of Cassation with the decree n. 25942 on September the 24th, 2021, confirmed that atypical mediation is not incompatible with the mediator’s right to receive the commission even from the party other than the one from which he received the assignment. As a rule, the business finder, carrying out his business in the exclusive interest of one of the parties, is entitled to the payment of the commission only in respect of the party to which he is linked by a mandate relationship. However, this approach may be waived by the parties, in fact, the procurer in the exercise of the mandate can also carry out useful activities towards the other contracting party with full awareness and acceptance by the latter. In this case, considering the concrete attitude of the relationship, the nature of the activity carried out and the agreements made, the agent is entitled to payment of the commission also in respect of the party who has not given hime the task.
NEWS
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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...
- 12/03/2024
The Court of Cassation, in its judgment of 26 February 2024, no. 5068, ruled that "The transfer of a professional athlete from one sports club to another, in return for payment and before the natur...
Telephone services: 28-day billing unlawful according to the Court of Cassation
29/02/2024The Court of Cassation, Sec. III, in its judgment of 15.2.2024, no. 4182, ruled that "It is a misleading practice and therefore prohibited for a telephone operator to establish a payment frequency ...