News
Failure to sign the mandatory accounting books does not prevent, in the sale of the company, the recognition of the credit claimed by the third party
- 13/09/2021
The Court of Cassation with the decision n. 23881 on September 3rd, 2021, analysed the provisions of art. 2560 c. 2 of Italian Civil Code, which provides that, in the sale of commercial company, also the purchaser of the company is liable for the debts inherent in the operation of the transferred company and prior to the transfer, if they result from the mandatory accounting books. Specifically, the Supreme Court confirmed that, in the purpose of assuming responsibility by the transferee towards third parties, it is sufficient to record the debts in the aforementioned accounting records. Therefore, the credit claimed by the third party from the assignor and, following the assignment, the assignee accollante can also be proven through other evidence or presumptions.
NEWS
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 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...
