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Virtual nullity of the contract and confessional effectiveness of the declarations contained therein

  • 28/09/2020

The Supreme Court, with order of 22 September 2020, n. 19755 established that the nullity of the contract for contrary to mandatory rules overwhelms the clauses, but not any declarations of science or will contained therein. On the basis of this principle, the Court held that the declaration of nullity of a sales contract does not in itself overwhelm the confessing effects of the declaration, included in it, with which the seller acknowledges that he has collected the price and, consequently, dictates declaration, even if included in a contract declared invalid, can constitute proof of payment in the judgment for restitution of the undue amount resulting from the declaration of nullity.

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