News
In order to exercise the counting action, the naked owner must prove possession
- 14/06/2021
The Court of Cassation, with order of 28 May 2021, n. 14979 established that, in the absence of proof of a de facto power over the thing qualifying as possession, the naked owner of the asset cannot claim any legitimacy to exercise the action for the reinstatement, in case of counting, of such (mere) material availability: not only towards the usufructuary but also towards the co-owner and alleged perpetrator of the fact.
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...
