Publications in the year 2022

Publications of Prof. Adv. Daniele Maffeis – Year 2022

“The rational swap bet and the purpose of hedging,” in Persona e Mercato, 2022, pp. 189 – 197

“Rational Alea in Financing Contracts: referral order 8603 of 2022 on derivatives as clauses,” in Banca borsa e titoli di credito, 2022, II, pp. 447 – 454
“Derivatives in Italy and London: the change of position and the enduring gap between Italian and English jurisprudence,” in Giustiziacivile.com, 2022

“Blockchain and the art market: insights into private law,” in Art and Law, 2022, pp. 183 – 207
“Acceptance of partial performance and termination for non-performance,” note to Cass. Jan. 25, 2022, no. 2223, in Pactum, 2022, pp. 395 – 404
“Payment deferrals and financing: civil law categories in tax requalification,” note to Cass., sec. trib., Mar. 23, 2021, no. 8033, in Jur. comm., 2022, pp. 678 – 694

Derivatives as clauses: finance runs, law falters, in Bank Exchange and Securities, 2021, II, pp. 311 – 319
The client must be aware of the variables that conform the riskiness of the specific investment, in Le Società, 2021, pp. 1415 – 1423
with Umberto Cherubini – Rational betting, probability, and information. Notes from a mathematician and a jurist one year after the SS.UU Judgment. 8770 of 2020, in Rivista Diritto Bancario, 2021, I, pp. 473 – 499

“Renewal of the transcription of the court application against heirs and successors in title of the defendant,” note to Cass. Dec. 22, 2020, no. 29248, in Corr. giur., 2021, pp. 1091 – 1099

“Mifid II and the conflict of interest,” in Civil Law Review, 2020, pp. 139 – 158;
“Cost transparency – at a glance – in banking and financial contracts,” in Giustizia civile.com, 2020
“Contract Issues During the Covid-19 Epidemiological Emergency”, in Giustizia civile.com, 2020.”
The Misadventures of a Tolerated Contractor: the Investor and the Restrictions on Investment Selection He Challenges,” in Nuova Giurisprudenza Civile Commentate, 2020, pp. 160 – 162

“Cryptocurrency deposit at an exchange platform: discipline and restricted activities,” in Giur. comm., 2020, pp. 1073 – 1102

“Contractual discrimination and the dignity of the person,” in A. Zoppini – G. Resta (ed.), I diritti fondamentali e il diritto privato in Europa, Roma Tre Press, Rome, 2019, pp. 135 – 145;
Selective nullities: the <<particular importance>> of selecting remedies by calculating likely benefits and the civil process as a contention among opportunists,” in Corriere giuridico, 2019, pp. 177 – 182;
“The Court of Milan and Dominant Positions in the Integrated Communications System (sic): purpose of the violated rule and technique of real interposition,” in Le Società, 2019, pp. 1124 – 1128;
“Selective Nullity ? The United Sections and the investor’s good faith in the process,” in Rivista di diritto bancario. dirittobancario.it, 2019

“Usucaption and transcription of the application for ascertainment: the importance of the letter of the law,” note to Trib. Pavia (ord.), Oct. 19, 2018, in Corriere Giuridico, 2019, pp. 1067-1077
“Bitcoin: civil law profiles and investor protection,” in Riv. dir. civ., 2019, pp. 159 – 182

“Dum loquimur fugerit invida aetas: the swap in cassation, before Mifid II and pending probabilities,” in Banca borsa e titoli di credito, 2018, II, pp. 9 – 27;
“Rational Alea and Probabilistic Scenarios in the Alimony Annuity,” in Giurisprudenza italiana, 2018, pp. 2357 – 2361;
“Probable usury: early redemption cost and floorclause,” in Contratti, 2018, pp. 605 – 609;
“The debts of the Veneto banks: interpreting a contract that functions as law,” in Nuove Leggi Civili Commentate, no. 4/2018, pp. 994 – 1006;
“Beyond supervening: original usury from expected cost,” in www.dirittobancario.it, 2018;
“Prometheus shackled: uninformed, or informed as it were, drafting and the attenuated binding nature of DATs,” in Civil Liability and Pensions,Responsabilità civile e previdenza, no. 5/2018, pp. 1436 – 1447;
“Investing or Betting Money Knowingly,” in www.dirittobancario.it, 2018;