Usura e interessi

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[automatically translated] The essay deals with the wear issue in the abstract and in funding costs, particularly those with predetermined amortization schedule, to be taken into account for the purpose of exceeding the threshold required by usury case rate in the abstract in art. 644, paragraph 3, para. 1, cp In particular, the essay deals with the controversial node inclusion or not in such costs for the pre-determination clauses of the default interest rate. Inclusion is excluded by the Bank of Italy, the Arbitrator law banking and finance and a part of the doctrine; while it would seem admitted by the Supreme Court and from the teaching sector. The inclines author for the inclusion of interest on arrears, based on conceptual considerations related to the discipline of monetary obligations and the nature of the contractual clause predetermination of the arrears rate, and in the light of the banking practice, substantially anatocistica, calculation of default interest on installment inclusive unresolved contractual interest payments. The essay closes with the question very relevant for the choice of the remedy to be applied in case of exceeding the threshold rate because of predetermination clauses of the default interest rate. The author proposes an innovative interpretation, based on the use of partial nullity. calculation of default interest on installment inclusive unresolved contractual interest payments. The essay closes with the question very relevant for the choice of the remedy to be applied in case of exceeding the threshold rate because of predetermination clauses of the default interest rate. The author proposes an innovative interpretation, based on the use of partial nullity. calculation of default interest on installment inclusive unresolved contractual interest payments. The essay closes with the question very relevant for the choice of the remedy to be applied in case of exceeding the threshold rate because of predetermination clauses of the default interest rate. The author proposes an innovative interpretation, based on the use of partial nullity.
Original languageItalian
Title of host publicationGli interessi usurari. Quattro voci su un tema controverso
Pages107-171
Number of pages65
Publication statusPublished - 2016

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