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ARTICLE · 17 OCTOBER 2022

The Thousand Shades Of Financial Intermediation

Disputes concerning financial intermediation have reached, despite the level of sophisticated complexity that characterizes them, a well-established position in jurisprudence.

ItalyLitigation, Mediation & Arbitration

Disputes concerning financial intermediation have reached, despite the level of sophisticated complexity that characterizes them, a well-established position in jurisprudence. Two recent judgements of the Supreme Court suggest dwelling on two central aspects that, as will be seen, still deserve a deeper focus:

1. the first, which has a formal character, consists in the obligation of written form;

2. the second, which is of a substantive nature, consists of information obligations.

1. As is well known, the laws that have succeeded one another from time to time have always provided for the necessity of the written form for the so-called framework contract as well as, upon the occurrence of certain investment risk parameters, for the individual purchase orders.

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