Cassation court dismisses appeal regarding express termination clause not being voidable for lack of good faith.
Italia (IT)
Sintesi Legislator
Generato dall'IAThe Corte di Cassazione rejected the appeal filed by Efim against the Milan Court of Appeal's decision. The lower court upheld the lessor's right to terminate the financial lease contracts based on an express termination clause, rejecting the tenant's claim that the clause was voidable due to its non-vexatious nature. The Supreme Court ruled that the express termination clause does not require a specific gravity of breach to be exercised and is not inherently voidable under Article 1341, paragraph 2 of the Civil Code.
Regesto Legislator
Generato dall'IAArt. 1341, co. 2 c.c.; Art. 1456 c.c.; The express termination clause is not voidable merely because it does not consider the gravity of the breach, as it grants a potestative right to the counterparty without requiring the exercise to be contrary to good faith or good dealing.