News
In the event of a mortgage granted on state-owned land, the Notary is responsible
- 15/02/2021
The Civil Cassation, with ruling of 3 February 2021 n. 2493, confirmed that the peaceful knowledge by the Notary of the state property regime of the property and of the derivation of the superficial right from the concession necessarily require that his duty of diligence must be pushed to verify whether the concession still exists and, therefore, its existence makes that right permanent, insofar as it derives from the concession itself: this not only on the basis of the same, even if required by the Notary due knowledge of the general regime of state property and its implications on derived rights, but in any case and first of all the necessary knowledge of the terms and conditions in which a right to be alienated that is dependent on another sees this dependence regulated, so that the fruitfulness of the alienation cannot be affected by the fate of the prejudicial right.
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...