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21/05/2019
Litigation & Arbitration
Drafting techniques: from recent case-law contributions on risk of inadmissibility of deeds with the Supreme Court to the incentives under Ministerial Decree 37/2018
The recent reforms addressing proceedings before the Supreme Court devote  a great deal of attention to drafting techniques, since the strengthening of procedural filters, in accordance with the “nomophylaptic” function of the Supreme Court, poses certain risks of inadmissibility, includ...
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Litigation & Arbitration
The fate of debts and receivables in the company voluntarily wiped out
A recent ruling of the Court of Rome stated that in case of voluntary winding-up of a company carried out during a proceeding introduced by the same company, it is presumed that this one has tacitly waived the claim relating to the receivable, albeit uncertain and illiquid, for the determinat...
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Litigation & Arbitration
Precautionary protection of the right to honour and reputation in light of the principle of inadmissibility of precautionary measures equivalent to seizure of the press under Article 21, paragraph 3, of the Italian Constitution
In the event of online press articles causing damage to honour and reputation, without prejudice to the prohibition of precautionary measures having equivalent effect to seizure of the press, the victim must be afforded effective protection of his/her right, in light of the principle of invio...
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15/05/2019
Corporate & Commercial Law
Agency and business procurement: when “the suit does not make a man”
By its judgment No. 3557 of 23 October 2018, the Court of Appeal of Rome dealt with the issue of the boundaries between agency agreement, as regulated by Articles 1742 et seq. of the Italian Civil Code, and business procurement agreement, highlighting similarities and differences. The ruling ...
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Corporate & Commercial Law
Resolutions avoiding unfavourable judgments as possible abuse of majority rule
This note is inspired by a recent ‘abuse of majority’ case and focuses on meeting resolutions passed with the sole intent of harming minority shareholders as well as on immediate enforceability of first-instance judgments ordering the cancellation of such resolutions. Share c...
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