News
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.
NEWS
- 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...
- 12/03/2024
The Court of Cassation, in its judgment of 26 February 2024, no. 5068, ruled that "The transfer of a professional athlete from one sports club to another, in return for payment and before the natur...
Telephone services: 28-day billing unlawful according to the Court of Cassation
29/02/2024The Court of Cassation, Sec. III, in its judgment of 15.2.2024, no. 4182, ruled that "It is a misleading practice and therefore prohibited for a telephone operator to establish a payment frequency ...