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Negotium mixtum cum donatione and simulation
- 05/11/2020
The Supreme Court, section II, with sentence of 30 October 2020, n. 204040, established that with the negotium mixtum cum donatione, the parties make an indirect donation using the accordance that they declare to put in place, and that they actually stipulate, to obtain a purpose that differs from the cause or function typical of the accordance itself, while in the relative simulation an accordance is apparently stipulated, while, in reality, another one is created that is incompatible with it.
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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...