The general clause of good faith as a criterion limiting the arbitrary use of protection instruments

Abstract

In case law, the problem has arisen of understanding what is the relationship between the nullity of the framework agreement and the effects of this nullity on individual investment orders and, above all, whether it is legitimate and licit to exercise the remedy of nullity of protection in "selective" way. This problem has been placed with particular emphasis precisely in financial intermediation contracts due to the peculiar conformation and articulation of the relationship between intermediary and investor, which is marked on a double level of negotiation. The article investigates the nature and structure of such relationships and the corrective action of the judge, proposing some innovative solutions.