La rilevanza degli interessi moratori nel giudizio di usura in astratto

Section I of the Supreme Court referred to the "Sezioni unite" the questions relating to the usurious relevamce of interests for non performance, to the configurability or otherwise of the so-called principle of symmetry and the possible identification of an ad hoc usury rate for the interests for non performance. In the face of these questions, the compliance with the system of the discipline against usury should be noted, both of the usurious relevance of the interests for non performance and of the need for their evaluation together with the other items of remuneration, cost or expense, which does not preclude the failure inclusion of interests for non performance within the average global effective rate (so called TEGM) of the homogeneous category of transactions to which the contract under scrutiny belongs. In fact, the existence of the so-called principle of symmetry must be denied while must be must be strongly supported the opposition to the law of identifying a specific threshold rate for the interests for non performance. On the remedial level, there are arguments in favor of the recourse to partial nullity pursuant to art. 1419 of the Italian Civil Code and not the nullity pursuant to art. 1815, paragraph 2, of the Italian Civil Code