La regulación de la forma del contrato de inversión

The art. 23 TUF provides that contracts relating to the provision of investment services must be drawn up in writing and a copy must be delivered to the client. The TUF, in derogation from the general principle of freedom of form, requires the “ad substantiam” form for investment contracts, since the written form guarantees the knowledge of the conditions contained therein, as well as the certainty over time of the agreements entered into. The written form, therefore, allows the investor not only to be able to become aware of the conditions applied but also to be able to better direct their choices. The nullity that follows from the verification of the lack of written form constitutes a typical example of relative nullity.