25.02.2020

Robot-proof contracts. Artificial intelligence and contracting: limits and perspectives.

1. The terms of the problem: artificial intelligence and law The frequency with which artificial intelligence is used in the contractual activity makes it necessary to assess, first of all, whether…

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25.02.2020

Establishment and bankruptcy of the so-called de facto supercompany

1. Preamble. The course of events The decision at issue, in line with the interpretative orientation introduced by the Supreme Court in a number of rulings in 2016[1], declared the bankruptcy of the de…

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25.02.2020

The burden of proof for defects of goods sold. News from the Joint Divisions

In a recent ruling[1], the Supreme Court sitting en banc provided interesting clarifications on the burden of proof incumbent on the buyer who exercises the warranty for defects of goods sold referred to…

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25.02.2020

Administrative liability of legal entities pursuant to Legislative Decree No. 231/2001 in 2019: a brief outline of the new legislation of the year just ended

1. Introduction 2019 was a particularly interesting year for the administrative liability of legal entities. Indeed, during the year just ended, d. lgs. n. 231/2001 was directly affected by as many as…

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10.02.2020

Brexit: the Withdrawal Agreement between the United Kingdom and the European Union and its effects on UK insurers carrying on business in Italy

On the 1st February 2020, the Withdrawal Agreement between the United Kingdom and the European Union entered into force. The Withdrawal Agreement provides for a transition period (until the 31st…

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17.10.2019

Medical malpractice insurance: Draft Decree setting up the new minimum requirements for Insurance Policies covering the risks connected to health care activities

Last August the draft decree (hereinafter the “Draft Decree”) that should regulate coverage minimum requirements and general conditions of insurance policies underwritten by public or private healthcare…

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27.09.2019

News from IVASS: Public consultation phase of the new regulation on the products governance and oversight of insurance (POG) and IBIPs distribution

On 23 September, IVASS published two consultation documents nn. 1/2019 and 2/2019 on its website. By the first of the document, IVASS submits to the market the regulation scheme by which "new provisions…

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17.09.2019

IVASS News: IVASS Statistics on complaints: annual data 2018

Statistics on complaints: annual data 2018 On 4 June 2019, IVASS published the last statistics relating to the complaints received by insurance companies in 2018, where it emerges, in the aggregate, a…

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17.09.2019

News from the Supreme Court: Coverage denials of insurance policies

Coverage denials of insurance policies The Court of Cassation, with judgement n. 18742 of 12 July 2019, confirmed that in relation to civil liability insurance, the objection that policies do not operate,…

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17.09.2019

IVASS news: Natural disasters and insurance cover: risk assessment and policy options for Italy

Natural disasters and insurance cover: risk assessment and policy options for Italy On 30 July 2019, IVASS published Working Paper n. 13 (curated by Riccardo Cesari and Leandro D’Aurizio) focused on the…

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02.08.2019

Cannabis, even if light, is illegal. Sales banned by Italy’s Supreme Court?

Criminal Supreme Court en banc, judgment No. 30475 on filed 10 July 2019 The attentive reader will remember that in our first article, "Light cannabis in Italy: products are booming in Italy, but…

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15.05.2019

Agency and business procurement: when “the suit does not make a man"

By its judgment No. 3557 of 23 October 2018, the Court of Appeal of Rome dealt with the issue of the boundaries between agency agreement, as regulated by Articles 1742 et seq. of the Italian Civil Code,…

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