Law Commons^™

L'Associazione In Partecipazione (O "Società Silente") Nel Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Il Caso "My Way" E Il Contratto Aleatorio Unilaterale, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Circolazione Dei Prodotti Finanziari E Offerta Al Pubblico Nell'art. 100 Bis Tuf, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Civil Law Compromise, Common Law Accord And Satisfaction: Can The Two Doctrines Coexist In Louisiana?, Sally Brown Richardson

Sally Brown Richardson

Prior to 2007, Louisiana law was wrought with confusion regarding the civil law doctrine of compromise and the common law doctrine of accord and satisfaction. Although the Louisiana Civil Code only expressly provided for parties to end or prevent litigation through compromise, some Louisiana courts also utilized accord and satisfaction to determine if parties had settled their disputes. In jurisprudentially incorporating the common law institution, courts were inconsistent as to whether the doctrine led to the same result as the doctrine of compromise. Such inconsistency was troublesome because courts gave no guidance as to when the civilian doctrine of compromise …

La Nullità Del Contratto Nella Commercializzazione A Distanza Di Servizi Finanziari, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Mancata Pubblicazione Del Prospetto E Risarcimento Del Danno Nel Nuovo Art. 100-Bis Tuf, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Natura Contrattuale O Processuale Dell'arbitrato Irrituale?, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Mancato Aggiornamento Del Contratto-Quadro E "Nullità Sopravvenuta", Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Contratto Di Agenzia, Cessione Di Azienda E Indennità Di Fine Rapporto, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Il Contratto Di Mediazione Nel Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Inosservanza Delle Norme Di Comportamento: La Cassazione Esclude La Nullità, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

La Nuova Disciplina Dei Contratti Di Investimento Dopo L'Attuazione Della Mifid, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Chronicles Of A Failure: From A Renegotiation Clause To Arbitration Of Transnational Contracts, Luigi Russi

ILSU Working Paper Series

The present paper recounts the various steps which parties to a transnational contract containing a renegotiation clause may need to go through, should the circumstances accounted for in the renegotiation clause come to existence. To this end, the article sets off from an outline of the most relevant structural features and functions of renegotiation clauses, and of the typical obligations which may derive therefrom.

Secondly, the paper's focus narrows down to the - by no means infrequent - case of failure to renegotiate in presence of an arbitration clause governing the parties' agreement. In the latter case, in particular, several …

Point And Click: E-Commerce Consumer Protection In Italy, Marco Bassini

ILSU Working Paper Series

The paper contains an analysis of the efforts undertaken by the Italian legislator in the last few decades – spurred also by the enactment of European directives on the matter – to establish a progressively more precise, but ultimately stratified and precarious, regulatory framework with respect to a phenomenon in great expansion: electronic commerce, which offers a clear exemplification of the difficulties that characterize the complex relationship between law and technology.

Highlighting the immanent limits and problems with respect to the legislator’s choices, prominence has particularly been given to the difficulties arising from an obstinate application of general rules to …

Chronicles Of A Failure: From A Renegotiation Clause To Arbitration Of Transnational Contracts, Luigi Russi

Bocconi Legal Papers

The present paper recounts the various steps which parties to a transnational contract containing a renegotiation clause may need to go through, should the circumstances accounted for in the renegotiation clause come to existence. To this end, the article sets off from an outline of the most relevant structural features and functions of renegotiation clauses, and of the typical obligations which may derive therefrom.

Secondly, the paper's focus narrows down to the - by no means infrequent - case of failure to renegotiate in presence of an arbitration clause governing the parties' agreement. In the latter case, in particular, several …

Point And Click: E-Commerce Consumer Protection In Italy, Marco Bassini

Bocconi Legal Papers

The paper contains an analysis of the efforts undertaken by the Italian legislator in the last few decades – spurred also by the enactment of European directives on the matter – to establish a progressively more precise, but ultimately stratified and precarious, regulatory framework with respect to a phenomenon in great expansion: electronic commerce, which offers a clear exemplification of the difficulties that characterize the complex relationship between law and technology.

Highlighting the immanent limits and problems with respect to the legislator’s choices, prominence has particularly been given to the difficulties arising from an obstinate application of general rules to …

Information Duties In Providing Investment Services To Retail Customers, Federico Longobardi

Bocconi Legal Papers

The present paper analyses, after discussing in general terms the value of information in financial markets, conduct rules under article 21(b) of Italian decree 58/1998 and articles 26, 28 and 29 of Italian financial intermediaries regulation (containing the so- called “know your customer rule”, “know your merchandise rule”, “suitability rule”). Where appropriate, it is discussed which measures ought to be adopted to comply with the contents of the Directive 2004/39/EC; moreover, due attention is paid to the rules regulating foreign markets and to the suggestions coming from economic analysis of law. The last part of the paper briefly describes the …

Acquisto Di Obbligazioni E Risoluzione Del Contratto, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Clarifying The Boundary Between The Parol Evidence Rule And The Rules Governing Subsequent Oral Modifications, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

In this article, the author analyzes the rules that govern the legal effectiveness of oral agreements that purport to modify written contracts. The article includes a discussion of four situations that raise difficult questions of whether oral agreements should be regarded as pre-written contract agreements (rather than as subsequent oral modifications) for purposes of the parol evidence rule. The author concludes that no doctrinal changes are called for in the contract formation timing rules currently applicable to these situations unless such changes are accompanied by broader judicial enforcement of no-oral-modification clauses.

Information Duties In Providing Investment Services To Retail Customers, Federico Longobardi

ILSU Working Paper Series

The present paper analyses, after discussing in general terms the value of information in financial markets, conduct rules under article 21(b) of Italian decree 58/1998 and articles 26, 28 and 29 of Italian financial intermediaries regulation (containing the so- called “know your customer rule”, “know your merchandise rule”, “suitability rule”). Where appropriate, it is discussed which measures ought to be adopted to comply with the contents of the Directive 2004/39/EC; moreover, due attention is paid to the rules regulating foreign markets and to the suggestions coming from economic analysis of law. The last part of the paper briefly describes the …