News
Referred to the “Sezioni Unite” the matter of the liability of the bank paying the check to anyone other than the entitled
- 24/04/2017
Article 43, paragraph 2, Royal Decree no. 1736 of 1933 (so-called “legge assegni”), provides that: "He who pays a non-transferable check to a person other than the payee or endorsee bank is liable for the payment."
The Court of Cassation had declared the objective nature of that responsibility, given that the aforementioned provision would autonomously regulate the fulfillment of a non-transferable check.
Instead, with Ruling no. 6560 of 5th April 2016, the Court of Cassation itself has limited the objective nature of the said liability exclusively to the relationship between the negotiating bank and the actual holder. So, the Court has concluded that negligence is needed in order for liability to be invoked also by the drawee bank.
With Judgment no. 9403 of 12th April 2017, the Court has noted the contrast between the dominant orientation and the aforementioned clarification and has so considered it appropriate to refer the matter to its plenary session (“Sezioni Unite”).
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...
