Alessandro Giuseppe Antolini

Titolo,  November 10, 2022
Position
PhD student
Student
PhD in European and International Law - 38° ciclo (October 1, 2022 - September 30, 2025)
Role
Dottorando - Diritto dell'economia e degli intermediari finanziari (IUS/05)
Academic sector
- - -
E-mail
alessandrogiuseppe|antolini*univr|it <== Replace | with . and * with @ to have the right email address.

PhD in European and International Law - 38° ciclo (October 1, 2022 - September 30, 2025)

Doctorate research program

INTESA ANTICONCORRENZIALE E INVALIDITÀ DEI CONTRATTI “A VALLE”: IL CASO DELLE FIDEIUSSIONI OMNIBUS

Abstract.

The project starts with the legal analysis of omnibus guarantees conforming to the ABI model and their invalidity profiles. Recently, the issue has been the focus of extensive litigation, which culminated in the very recent, but well-known, decision of the United Sections of Supreme Court no. 41994/2021 in favour of their partial nullity. Even though it acknowledges the merit of having resolved the jurisprudential contrast (total and arbitral) that had been created, this decision was not shared by part of the doctrine, especially for the argumentative path followed.

This analysis aims to make an original and topical contribution to the doctrinal discussion on the effects of the finding of the anticompetitive nature of 'upstream' cartel in terms of the lawfulness or invalidity of 'downstream' contracts.

Therefore, the crucial point will be the identification of the best remedy to protect the guarantor. This objective will be achieved by investigating the reasons why jurisprudence and doctrine are divided between so-called "real" protection and compensation protection.

Doctorate reference figure
Prof. Matteo Ortino

Modules

Modules running in the period selected: 0.
Click on the module to see the timetable and course details.


News for students

There you will find information, resources and services useful during your time at the University (Student’s exam record, your study plan on ESSE3, Distance Learning courses, university email account, office forms, administrative procedures, etc.). You can log into MyUnivr with your GIA login details: only in this way will you be able to receive notification of all the notices from your teachers and your secretariat via email and soon also via the Univr app.

MyUnivr