News
On the legal nature of the presupposition
- 02/05/2022
The Court of Naples, section XII, with decision no. 1935 of 23 February 2022, stated that, in order to configure the case of the so-called "presupposition" (or unexpressed condition) it is necessary inferring from the content of the contract the existence of a factual situation, not expressly stated in the stipulation, but considered as an indispensable prerequisite of the will to negotiate, whose subsequent occurrence or disappearance depends on circumstances not attributable to the parties.
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...
