Offerta fuori sede di strumenti finanziari e intersezioni della responsabilità civile

The essay deals with the liability of financial intermediaries for damage caused by promoters in the off-premises sale of financial instruments. Although the matter is regulated by the legislator with a specific rule on liability for the acts of others, there are some uncertainties in its interpretation and application. Firstly, in terms of the relationship between general private law and special law: because there is a tendency to apply the provisions of Article 2049 of the Italian Civil Code, neglecting the peculiarities of the special case. Furthermore, in terms of the interpretation of Article 2049 of the Italian Civil Code itself, which presents elements of undue integration with respect to the rule laid down by the legislator. Finally, in terms of the boundaries between contractual and non-contractual liability: in fact, the relational profile between the parties involved in the damage is overshadowed, whereas it should guide the interpreter towards a contractual interpretation of liability.