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

Translated title of the contribution: The violation of information obligations between rules of conduct and rules of validity

Research output: Contribution to journalArticlepeer-review

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 contributionThe violation of information obligations between rules of conduct and rules of validity
Original languageItalian
Pages (from-to)918-927
Number of pages10
JournalOBBLIGAZIONI E CONTRATTI
VolumeIII
Issue number11
Publication statusPublished - 2007

Keywords

  • buona fede
  • obblighi di informazione

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