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Recent jurisprudence regarding banking contracts. This is the theme of a meeting wanted and organized by the Civil Chamber of Benevento and Ariano Irpino which will be held on Monday 17 June in the Conference hall of the Irpinia Sannio Chamber of Commerce in Benevento in Piazza IV Novembre, starting at 3.30 pm. The president of the Samnite Civil Chamber, the lawyer, will do the honors. Antonio Lonardo. Greetings from the Chamber of Commerce will be entrusted to Dr. Gemma Iermano who will be accompanied by the speech of the President of the Benevento Bar Association. Stefania Pavone. “An extremely important topic – declares the president Lonardo – which will interest not only professionals, but also many ordinary citizens and in particular local businesses who want to delve deeper into such a burning and problematic subject”. A parterre of considerable depth, indeed four the planned interventions, all of notable depth and content. The beginning will be given by the professor of the LUM University – ABF Coordination College, Avv. Nicola Cipriani who will report on “ILLUSIVE GRANT OF CREDIT WITH STATE GUARANTEE”. According to the doctrinal reconstruction, it occurs when a financier, which is, in the majority number of cases, the credit institution grants, or continues to grant, credit to an entrepreneur not worthy of being financed. This conduct constitutes an offense on the part of the financier, responsible for the failure to fulfill his primary duties of sound and prudent management, and, where the worsening of the disruption favored by the continuation of the activity has resulted, it obliges the same to pay compensation for the damage.
Followed by the teacher adv. Isabella Martone of the University of Campania Luigi Vanvitelli will focus on “DERIVATIVE FINANCE AND WORTHWORTHY OF INTEREST”. The most recent developments in the case, and the renewed sensitivity directed by supranational and international legislation to the issue of contractual balance, have changed the way of understanding private autonomy and led to the rediscovery of the judicial scrutiny of the merits of interests. The institution in question, protagonist in jurisprudence of rare and sporadic applications as well as considered, by the previous doctrine, tacitly repealed, today forcefully returns to the fore, in particularly sensitive areas of negotiation, such as insurance law and the law of financial intermediaries.
“THE EFFECTS OF EURIBOR MANIPULATION ON FINANCING CONTRACTS” will represent the focus of interest of the professor Lawyer Francesca Dell’Anna Misurale of the University of Salento – ABF College Milan. News of no small importance, once the nullity of the Euribor rates has been ascertained due to contrary to the art. 101 TFEU and Law 287/1990, the nullity affecting the mortgage no longer derives from the prohibited agreement but is contractual, as the interest rate can no longer be calculated as the external reference index no longer exists. Contractual nullity that both the entrepreneur and the consumer can invoke if they do not have to as established by SS.UU. 41994/2021 necessarily rely on a compensation action against the person who gave rise to the nullity of the index external to the contract. Finishing the speech was the lecturer from the University of Calabria, professor and lawyer Gabriella Cazzetta, which will focus on the topic of FRENCH AMORTIZATION UNDER CONSIDERATION BY THE UNITED SECTIONS: while awaiting the imminent ruling of the United Sections, we discuss the main problems that characterize the operation of mortgages with French amortization. Some aspects of primary importance relating to a form of financing representing a typical negotiation model are explored in depth: from the exclusion of the violation of the provisions of the art. 1283 cc, to the time and methods of payment of interest, up to the cost of the loan and its calculation methods. The meeting takes advantage of the free patronage of the Irpinia Sannio Chamber of Commerce.
