The fate of a contract for the provision of tourist services in the face of conflicting claims for termination due to breach of contract
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Caterina del Federico
Publishing Year 2026 Issue 2026/47
Language Italian Pages 18 P. 216-233 File size 229 KB
DOI 10.3280/DT2026-047010
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The Court of Cassation ruled on a contract for the provision of tourist services and the opposing claims of breach of contract brought by the parties. The contract for the provision of tourist ser-vices with the “vuoto per pieno” formula was concluded in October 2006. The Court, focusing on the concept of termination by mutual consent and the identity of purpose of the opposing ex-pressions of will (on which it refers to various precedents of legitimacy), concluded that, in the case in question, these lead to the application of the effects referred to in Article 1458 of the Civil Code and, therefore, to the declaration of termination of the contract.
Caterina del Federico, La sorte di un contratto di fornitura di servizi turistici dinanzi a contrapposte domande di risoluzione per inadempimento in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 47/2026, pp 216-233, DOI: 10.3280/DT2026-047010