Inadempimento della società fiduciaria e solidarietà risarcitoria: il punto delle Sezioni Unite

The commentary refers to a recent decision of the United Chambers of the Supreme Court upholding the joint and several liability under Article 2055(1) of the Civil Code of trust companies whose directors, by failing to perform their management duties, caused the loss of the capital provided to them by certain investors, and of the Ministry of Economic Development, which contributed to the occurrence of the loss through inadequate supervision. In accordance with the prevailing orientation, which is also criticised by the commentator, although it contributes to the final result of the decision, the judgement recognises that solidarity can affect responsibilities with different titles (contractual and non-contractual), as long as they cause the same damage at the causal level: with the consequence that the request for inclusion in the liabilities in the compulsory liquidation proceedings, made by the investors within a five-year period, is valid ex Art. 1310, first paragraph, Civil Code, to interrupt the statute of limitations also in relation to the Ministry subject to the Aquilian liability regime with a five-year limitation period.