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Configurability of the express termination clause: parties must have provided for the termination of the contract due to the breach of one or more specifically determined obligations

  • 23/08/2021

The Court of Cassation, with the recent decision n. 22725 on 11 August 2021, stated that for the configurability of the express termination clause, the parties must have provided for the legal termination of the contract as a result of the breach of one or more obligations specifically determined in the contract or in another deed or document to which the parties have made express reference, such as the declaration that they are in a position to benefit from the loan at preferential rates or those provided for in the application for the grant.

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