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Coronavirus alone is not sufficient to supplement the periculum in mora for the purposes of art. 700 of the Italian Code of Civil Procedure
- 08/09/2020
A recent decision of the Court of Lucca of 6 July 2020 rejected an appeal pursuant to art. 700 c.p.c. for lack of the requirement of periculum in mora, ruling that, the "Coronavirus" event has affected almost all contractual relationships and in the absence of a serious damage suffered in the specific case in question by the applicant, such as to distinguish its position in the most general contractual relationships, this event (i.e. Covid-19) cannot in re ipsa constitute an imminent and irreparable prejudice capable of establishing the precautionary protection pursuant to art. 700 c.p.c.
NEWS
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