Journal title ECONOMIA E DIRITTO DEL TERZIARIO
Author/s Fabrizio Piraino
Publishing Year 2016 Issue 2016/1 Language Italian
Pages 53 P. 95-147 File size 543 KB
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The theme of the usury touches several crucial aspects of the law of contracts and obligations. One of the most important is related to the default interests and, in particular, the main question concerns whether those interests are subjected or less to the judgment of usury and, if so, if they are appreciated jointly or less with the interests. In this regard, there are two different orientations: the case law of the ABF and the one of the Court of Cassation. The aim of this essay is to analyze both tendencies, the banking practice on the calculation of default interests and the main opinions of the doctrine, in order to formulate a solution proposal that includes the default interests in the overall cost of the loan, but that reacts to the overshoot of the usury threshold with a system of remedies which tries to balance the protection of the customer with both the required remuneration of the loan and the reaction to the breach of contract.
Keywords: Loans, pecuniary obligation, breach of contract, default interests, interests, usury, void.
Jel codes: K12
Fabrizio Piraino, Usura e interessi in "ECONOMIA E DIRITTO DEL TERZIARIO " 1/2016, pp 95-147, DOI: 10.3280/ED2016-001008