DERIVATI DI COPERTURA, VALUTAZIONE DI MERITEVOLEZZA E REGOLE DI CONDOTTA. RIFLESSIONE A PARTIRE DA CASS. CIV. N. 18724, 13 LUGLIO 2018

Translated title of the contribution: [Autom. eng. transl.] DERIVATIVES OF COVERAGE, ASSESSMENT OF MERIT AND RULES OF CONDUCT. REFLECTION STARTING FROM CASS. CIV. N. 18724, 13 JULY 2018

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Abstract

[Autom. eng. transl.] The issue of the nullity of the swap, when the instrument is unsuitable to pursue the desired purpose of the parties and therefore is not worthy of protection pursuant to art. 1322, paragraph 2, of the Italian Civil Code for lack of concrete cause, it is still debated. Starting from one of the latest arrests of the judge of legitimacy in question, we take the opportunity to further clarify two aspects: the first is that the swap contract is not to be considered, in the context of application of the second paragraph of art. 1322 of the Italian Civil Code, in itself undeserving of protection; the second, that the judgment of merit must be based on the content of the concrete agreement and on the intrinsic conformation of the relationship, not on the economic results produced ex post.
Translated title of the contribution[Autom. eng. transl.] DERIVATIVES OF COVERAGE, ASSESSMENT OF MERIT AND RULES OF CONDUCT. REFLECTION STARTING FROM CASS. CIV. N. 18724, 13 JULY 2018
Original languageItalian
Pages (from-to)365-372
Number of pages8
JournalBANCA BORSA E TITOLI DI CREDITO
Publication statusPublished - 2020

Keywords

  • IRS
  • validità swap
  • Meritevolezza

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