DI ANTONIO BRUNI

ABSTRACT – The interlocutory order returns to the issue raised by the United Sections, calling for a new intervention to clarify whether the nullity of the contract due to the conflict with mandatory norms or with public policy precludes restitution of the performance. Although hermeneutic approaches extend the non-recoverability effect to cases falling outside literal wording of the provision in Article 2035 of the Italian Civil Code, which limits its application to those performance for a purpose contrary to public morals, a careful interpretation of the rationale behind the violated provision and the rationale behind the rule that supports nonrecoverability, to be assessed in light of the interests involved in the various cases, is capable of recovering the meaning of the words used by the legislator and, in this way, preventing unreasonable consequences from occurring.

KEYWORDS – Contract Void – Unlawfulness – Immoral Contract – Non- Recoverability of Performance – Unjust Enrichment.

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