News
Nullity of the preliminary contract if the surety is less than the deposit
- 06/10/2020
The Supreme Court, Section II, with the Ordinance no. 19510/2020 sanctioned the nullity of the preliminary contract if the surety guarantee, pursuant to art. 2 of Legislative Decree 20/06/2005, n. 122, was issued by the manufacturer for a lower amount than the sums paid by the promising buyer as a deposit without the works having been completed. In the case of a sale involving properties to be built, in fact, art. 2 of Legislative Decree 20/06/2005, n. 122 provides that the manufacturer, upon signing the preliminary agreement, must issue a surety policy of the value corresponding to the deposit paid by the promising buyer and this under penalty of nullity of the contract.
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...
