Fideiussioni omnibus e nullità delle clausole in deroga: tra efficienza del mercato e stabilità del sistema

"Omnibus” sureties and nullity of derogation clauses: between market efficiency and system stability – Starting from the recent decision of the Joined Chambers of Italian Court of Cassation, the essay deals with the issue of the validity of the “derogation clauses” embodied in the “omnibus” surety bonds, which reproduces the ABI scheme. In particular, the essay deals with the issue of the applicable remedial structure, outlining how, because of the infringement of competition rules, the solution of partial nullity is the most consistent with the plan of interests protected, which involves the bank’s activity efficiency in the perspective of market conformation.