Court of Milan 23/9/2021 on nullity of contract in absence of mark to market "...and this is the case, therefore, since the subject matter of the contract and, therefore, all of its components, must be determined or at least determinable, under penalty of nullity of the contract itself, it will be necessary for the contractual regulation to indicate the method of calculating such value; in default, since the quantification of the MtM is a determination of one of the parties (the bank), not verifiable by the other, it must be concluded that it is not determinable, implying the nullity of the entire contract pursuant to Art. 1418 of the Civil Code. Moreover, if this were not so, it would not be possible to quantify in terms…
Egregio collega,
Il testo integrale delle decisioni e l’archivio completo sono accessibili tramite il servizio di aggiornamento dell' Osservatorio giurisprudenziale di diritto bancario curato dallo Studio Cappuccio
