News
Burden of proof on the creditor in the presence of multiple debts of the debtor past due.
- 08/06/2020
The Court of Cassation with recent order of May 29, 2020, n. 10322 established that, if the debtor has demonstrated that he has paid sums suitable for extinguishing the debt for which he has been sued, having been executed with reference to a specific credit, it is for the creditor-plaintiff, who claims to charge the payment to extinguish another credit, demonstrate both the existence of more than one of the defendant's overdue debts, and the existence of the conditions for the application of one of the subsidiary imputation criteria established by art. 1193 of the Italian Civil Code.
NEWS
- 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...
- 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 ...
