Contro l’uso della nullita ` parziale in chiave di conformazione del contratto

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Abstract

The essay analyzes the jurisprudential tendency to make use of the partial nullity pursuant to art. 1419 of the Italian Civil Code to carry out interventions on the contract animated by the aim of redefining its content in order to rebalance the relative terms. The most striking case recently recorded is represented by the 2018 Sezioni unite judgment on civil liability insurance contracts with claims made coverage, in which we witnessed the abandonment of the pick of the "meritevolezza" of the interests referred to art. 1322 of the Italian Civil Code to the advantage of a highly reprehensible use of the category of the cause of the contract which results in a declaration of partial nullity. The contribution aims to reveal the formal and substantive reasons that stand in the way of such a poorly controlled use of both the cause and the partial nullity
Original languageItalian
Pages (from-to)1553-1572
Number of pages20
JournalGIURISPRUDENZA ITALIANA
Publication statusPublished - 2020

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