[Autom. eng. transl.] In this note the author criticizes the sentence of the Cassation, according to which the case of the incapacitated circumvention provided for by art. 643 cp must be included among the mandatory rules whose violation entails, pursuant to art. 1418 cc, in addition to the penal sanction, the nullity of the contract concluded in violation of the same. In contrast to this statement, it is instead believed that the criminal law violated in the present case, even if imperative, does not prohibit the contract itself, but only the misconduct with which one of the parties obtains the conclusion, exploiting the psychic deficiency situation in which the other one pours. The case envisaged by art. Is therefore excluded. 1418, co. 1, Civil Code, which has regard to the hypotheses in which the contract is an act of autonomy and not the behavior of one or both parties during the negotiations.
|Translated title of the contribution||[Autom. eng. transl.] Civil protection of the incapacitated victim of circumvention|
|Number of pages||8|
|Publication status||Published - 2004|