on the applicability of the rules of misrepresentation in the case of contracts subject to mandatory formal requirements
On the basis of a motion for a preliminary ruling submitted by Panel No. P.VI of the Curia, the Curia’s Uniformity Complaint Panel has issued the following uniformity decision:
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If legislation prescribes the obligation to record a contract in writing as a formal requirement for the conclusion of the contract, the rules of misrepresentation shall not be applied when the contract is signed by an unidentified person instead of the contracting party. The formal error may not be rectified by the contracting party’s subsequent approval. 2.
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The Curia's Panel, which submitted the motion, may depart from Decision No. Pfv.20.617/2021/5 on the question of interpretation of law referred to in Point 1.
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The Curia’s Decision No. Pfv.20.617/2021/5 and other decisions with identical content may no longer be invoked as binding on the question of interpretation of law referred to in Point 1.