Categoria: Dispute resolution
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WHO IS LIABLE IF THE EVENT STIPULATED AS A CONDITION DOES NOT OCCUR?
Very often, preliminary contracts of sale and purchase are subject to a condition precedent: that is, the obligation to conclude the final contract will arise only if a certain event, stipulated in that specific clause, occurs. The event deduced as a condition may depend on a third party, or on only one of the parties…
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DOES THE COURT-APPOINTED TECHNICAL ADVISOR HAVE OPERATIONAL LIMITS?
The Court-appointed expert must fulfil the task entrusted to him or her by following the perimeter of investigation indicated to him or her by the judge; sometimes the Court’s Expert takes investigative initiatives on his or her own that seem to exceed the perimeter; the advice is not always null and void if the principle…
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THE UNAVAILABILITY OF THE DAMAGED CAR AND VEHICLE DOWNTIME: WHAT ARE THE RULES FOR DAMAGE COMPENSATION?
Damage from vehicle downtime is that damage resulting from the unavailability of a vehicle during repairs in a workshop; its compensation is not in re ipsa but follows precise rules that should be followed when instituting proceedings before the judicial authority. In the event of a traffic accident or, simply, a vehicle breakdown, the owner…
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THE COURT OF CASSATION RETURNS ON SALE AND LEASE BACK: CONCRETE PROOF OF PARTICIPATIO FRAUDIS REQUIRED
In a recent decision, the Supreme Court has further clarified the conditions for the validity of the sale and lease back contract. This is, as is well known, the contractual transaction whereby a company sells a capital good to a leasing company, which in turn, after paying the agreed sale price, leases the same asset…
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TOWARDS A SIMPLER AND FASTER ENFORCEMENT?
Enforcement proceedings, that is the possibility to enforce the recovery of the money owed from the debtor, is an essential aspect of the creditor’s tangible protection. Very often, however, compiling a list of the debtor’s assets necessary to search for assets to be attached is not easy, especially with regard to bank accounts and credits…
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INTEREST RATE SWAP: THE JOINT DIVISIONS OF THE SUPREME COURT REITERATE THE JURISDICTION OF THE ITALIAN COURT
With the recent decision of 29 May 2023, the Joint Divisions once again ruled in favour of the Italian Court with regard to a dispute arising from derivative contracts signed by an Italian local authority. The Joint Divisions applied the consolidated case law according to which jurisdiction is determined exclusively on the basis of the…
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MANDATORY JOINDER IN THE APPEAL JUDGMENT: THE OMITTED NOTIFICATION OF THE APPEAL, ITS EFFECTS AND RELATED NECESSARY REMEDIES
It has been a while since the Supreme Court has established that the appeal judgment must indeed is a case of mandatory joinder, which means that all the parties who participated to the judgement of first instance must take part in the appeal judgment whenever there is a concrete risk of conflicting rulings. When the…