Observatory on law

Default and usury

The Brescia Court of Appeal, in its judgment dated 26 March 2019 on the controversial issue of the relationship between usury and default, retraces and endorses the arguments made by the Third Civil Division of the Court of Cassation in ruling No. 27442 of 30 October 2018 (judge-rapporteur: Rossetti). In that ruling, the Court of

29 July 2019

Insider Trading: confiscation must be limited to profit only

Dr. Camilla De Vita The administrative confiscation of the entire “product” of the insider trading offence and the “assets used” to commit it, instead of only the “profit” derived from such offence, is constitutionally unlawful. This conclusion was reached by the Constitutional Court in judgment No. 112 delivered on 10 May 2019 (judge-rapporteur: Francesco Viganò),

21 June 2019