La Cassazione sgombera il campo da ogni dubbio sulla validità della clausola di roulette russa nei patti parasociali

In its first decision on the Russian roulette clause, the Supreme Court recognizes its validity under several perspectives: it does not provide for an invalid merely arbitrary condition; its object is easily determinable; it does not violate the rule prohibiting covenants excluding a shareholder from profits and losses. Also, if contained in a shareholders' agreement, it is not subject to the principle imposing a fair minimum guaranteed price. In case of abuse of the clause, the parties are entitled to contracts’ remedies; yet, the abuse does not bring about the invalidity of the clause, which is an issue pertaining to the structural profile.