Stefano Pagliantini

A Virtual Voidness of Protection? In Relation to Artt. 28 and 34 of the So-called «Cresci Italia».

  • Abstract

Informations and abstract

Keywords: virtual voidness, validity rules and behaviour rules, insurance.

In l. 27/2012 under article 34 set the voidness of automobile or marine insurance's contract if the insurance broker, before the signature, does not inform the client about tariffs (o premiums) and other conditions offered by at least three different insurance companies. The essay, soon after reissuing the distinction between validity rules and behaviour rules, remarks the necessary conditions and prerequisites to outline, in an analogical way, a virtual voidness in order to protect in case of infringement of an informative duty. This kind of voidness is not contemplated in item 124, paragraph 1, TUB, but a voidness specifically expected by the law can be found in item 28 of l. n. 27/2012 which concerns the duty for banks to put forward to clients at least two quotations of two different insurance companies, if they subdue the granting of a real estate mortgage's or of a consumer credit to the life insurance's stipulation.

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