La violazione degli obblighi di informazione tra "regole di comportamento" e "regole di validità"

Translated title of the contribution: [Autom. eng. transl.] The violation of the information obligations between "rules of conduct" and "rules of validity"

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Abstract

[Autom. eng. transl.] The TUF regulations that impose information obligations are "mandatory" and therefore mandatory. However, they do not give rise to invalidity pursuant to art. 1418, 1st co., Cc because the so-called virtual nullity occurs when the law is in contrast with "structural and objective" elements of the contract. From a systematic point of view, the conclusion of a valid contract is not an obstacle to the protection of compensation for failure to comply with the rules of conduct that occurred in the pre-contractual phase. If the same obligations occur during the execution of the contract and their violation integrates a non-breach of no small importance, the contract may also be terminated, in addition to compensation for damages.
Translated title of the contribution[Autom. eng. transl.] The violation of the information obligations between "rules of conduct" and "rules of validity"
Original languageItalian
Pages (from-to)918-927
Number of pages10
JournalOBBLIGAZIONI E CONTRATTI
VolumeIII
Publication statusPublished - 2007

Keywords

  • buona fede
  • obblighi di informazione

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