Journal title ECONOMIA E DIRITTO DEL TERZIARIO
Author/s Nicola Rizzo
Publishing Year 2016 Issue 2016/1 Language Italian
Pages 9 P. 73-81 File size 414 KB
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This article analyzes the history and the present of the anatocism in the banking contracts. The customary rule, that allowed the anatocism in banking contracts, has been overulled by the Supreme Court in a precedent in which the Court turns out to be rather unfamiliar with the theory of law. This overruling was, however, short-lived: a written rule restored the possibility of anatoicism in banking contracts. The recent cancellation of this law by a contradictory legislative intervention, resulted in an uncertainty on the current existance, in the Italian system, of a prohibition of anatoicism. The thesys that is supported here is that, on the light of the current situation, anatoicism in the Italian law system should be considered as prohibited.
Keywords: Theory of law, customary rule, anatocism, banking contracts.
Nicola Rizzo, Interessi e anatocismo nei contratti bancari in "ECONOMIA E DIRITTO DEL TERZIARIO " 1/2016, pp 73-81, DOI: 10.3280/ED2016-001006