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Who’s Who Rankings 2024

Claudio Cocuzza and Alessandro Barzaghi have been acknowledged once again by Who’s Who Legal among the Italian Recommended Professionals in the …

Does inaction or delay in enforcing a right mean that the holder has waived that same right?

Is the German principle of “Verwirkung” applicable in Italian law? In a recent Supreme Court decision concerning lease agreements, the Italian judges addressed the issue of inactivity in enforcing a right and clarified to what extent the delay in enforcing a right may give rise to a reasonable expectation on the other party that the right has been waived by its holder and, therefore, whether there could be a breach of the “good faith” clause if the right is enforced with delay by its holder.