Il principio di omogeneità e l’usura – alcune note tecniche
Abstract
Nowadays there
is no doubt that there should be simmetry between the calculated interest rates
and the average effective rates, as indicated in sentences No. 12965 and 22270
of Italian Supreme Court (civil section).It should be
remembered that formulas and criteria related to the inclusion of bank charges,
contained in Bank of Italy instructions, are subject to periodic review and
improvement, in the same way, therefore, the articulation of the homogeneous
categories of transactions could be improved in order to identify classes of
elements more consistent with the respect to credit risk. This particular
measure, together with a less uncertainty about rates verification, could favor
the containment of the margin of tolerance between the average rates and the
usury ceiling rates, other than the reduction of legal limits
References
- SALANITRO G., Usura ed interessi moratori, in Banca, Borsa e Titoli di Credito, Giuffrè Editore, Milano, 2015, fasc. 5.
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