Unfair Clauses, Pro Iudicato Preclusion and the Subjective Perimeter of the Joint Sections of the Italian Supreme Court, no. 9479/2023: The Arguments of the Civil Law Scholars
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Abstract
The civilian narrative of the judgement no. 9479/2023, ruled by the Joint Sections of the Italian Supreme Court in compliance with Banco Desio, opens up a whole series of questions amplified by the Court of Justice’s overrulling on the consumer’s notion
Keywords
- Unfair Terms in Consumer Contracts
- Principle of Effectiveness
- Force of Res Judicata Implicitly Covering the Validity of the Terms of an Enforceable Instrument
