With judgment no. 1/2026, published on 7 January 2026, the Genoa Court of Appeal dismissed the appeal lodged by an account holder…
Browsing CategoryBanking Law
Limitation periods and protective measures: confirmed the suspensive effect of revocatory actions
By decree no. 1003/2025 dated 1 December 2025, the Court of Lamezia Terme rejected the urgent application filed in the context of…
Clause derogating from Article 1957 of the Civil Code declared void but the guarantor remains liable: timely out‑of‑court demand is sufficient
By judgment no. 2526/2025, published on 18 November 2025, the Court of Genoa – upholding the arguments put forward by Cassinelli Studio…
Assignment in bulk under Article 58 of the Italian Consolidated Banking Act and title to the relationship: Cassinelli succeeds on appeal before the panel
By order no. 130/2025 of 11 November 2025, the Court of Tivoli upheld the appeal brought by a special‑purpose vehicle against the…
Acknowledgement of debt remains effective even after termination of the settlement agreement: confirmation from the Court of Genoa
By judgment no. 2449/2025, published on 7 November 2025, the Court of Genoa dismissed the opposition brought by several guarantors in complex…
Review of the validity of personal guarantees and differentiated protection between consumers and professional guarantors
By judgment no. 2442/2025, published on 6 November 2025, the Court of Genoa decided a case concerning several personal guarantees, drawing a…
Factoring and assignment of receivables: Cassinelli prevails on appeal for a financial company
By judgment no. 1199/2025 of 6 November 2025, the Court of Appeal of Genoa fully overturned the first‑instance decision which had denied…
Proof of debt arising from bank financing according to the Court of Savona
By judgment no. 614/2025, published on 28 October 2025, the Court of Savona dismissed the claims brought by two debtors in proceedings…
Guarantee and forfeiture under Article 1957 of the Civil Code: the burden of proof lies with the guarantor
In order to be released from the guarantee provided, the guarantor who raises the nullity of the clause derogating from Article 1957…
The guarantor’s claim of nullity is dismissed if the guarantee is specific
[Court of La Spezia, Judgment No. 499/2025 of 9.10.2025] The Court of La Spezia, in proceedings under Article 281-decies of the Code…