Tha author highlights the fruitful contributions that the decision provides regarding virtual null and void contracts (art. 1418, 1, c.c.), both in general and with specific reference to violations of financing limits in the mortage loans, as well as the rigorous approach rebutting arguments methodically incorrect (such as the one based in “riqualification”). At the same time, the contribution reveals that an issue of paramount importance has been neglected, that is when the mortgage features two characteristics together: repaying a previous debt between the same parties, and exceeding the financing threshold. In this case, the mortgage collateral and its failure to comply with the law may enter into the consideration of the contractual agreement, making it, therefore, necessary to apply the second paragraph of art 1418 of the civil code.
Una soluzione esaustiva per il mutuo fondiario eccedentario?
Tommaso Mauceri
2023-01-01
Abstract
Tha author highlights the fruitful contributions that the decision provides regarding virtual null and void contracts (art. 1418, 1, c.c.), both in general and with specific reference to violations of financing limits in the mortage loans, as well as the rigorous approach rebutting arguments methodically incorrect (such as the one based in “riqualification”). At the same time, the contribution reveals that an issue of paramount importance has been neglected, that is when the mortgage features two characteristics together: repaying a previous debt between the same parties, and exceeding the financing threshold. In this case, the mortgage collateral and its failure to comply with the law may enter into the consideration of the contractual agreement, making it, therefore, necessary to apply the second paragraph of art 1418 of the civil code.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
