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 | The violation of information obligations between rules of conduct and rules of validity |
|---|---|
| Original language | Italian |
| Pages (from-to) | 918-927 |
| Number of pages | 10 |
| Journal | OBBLIGAZIONI E CONTRATTI |
| Volume | III |
| Issue number | 11 |
| Publication status | Published - 2007 |
Keywords
- buona fede
- obblighi di informazione
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