L'inaccettabile conferma di un orientamento giurisprudenziale da tempo superato

This paper describes the well-known question due to the default of Argentina, analyzing how the Italian jurisprudence - recognizing the position of weakness of the ‘consumer-investor’ - has applied the principle of the «need of protection» in order to guarantee higher levels of protection then the ones foregone by the law. In particular, this essay explores the link between the resolution of the contract and the violation of the rules of conduct related to the provision of financial services. The analysis, referring to the Italian logic of ‘virtual void’, underlines that, in this case, the judge admits a resolution due to breach of the rules of conduct, and reaches effects equal to the above-mentioned void. But, according to the Italian law, the judgement should have taken into account the position of the financial intermediary and it should have valuated the contents of the ‘professional diligence’ at the base of behaviours. In fact, only the omission of a regular conducts can cause the full accountability and responsibility of the bank.