In order to be released from the guarantee provided, the guarantor who raises the nullity of the clause derogating from Article 1957…
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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…
Validity of repayment loans and legitimacy of bulk credit transfers: Cassinelli wins before the Supreme Court
With Order No. 3272/2025, the First Civil Division of the Supreme Court of Cassation fully upheld the appellate decision that had accepted…
Termination of a financial lease with transfer of ownership: Law No. 124 of 2017 does not apply retroactively
[Court of Genoa, Judgment No. 2263/2025 of 8.10.2025] Cassinelli Studio Legale successfully represented a leading leasing company before the Court of Genoa…
No deficiency in reasoning where the judgment refers to expert report: the ruling of the Genoa Court of Appeal
“A judgment is not lacking in reasoning if it adopts, by reference, the conclusions and key sections of a court-appointed expert report,…
Guarantees and antitrust violations: Bank of Italy provision no. 55/2005 applies only to omnibus guarantees
«The Court of Cassation has recently reaffirmed that a finding of nullity requires that all factual circumstances necessary to establish it must…
Consumers and late opposition under article 650 of the code of civil procedure: Cassinelli wins for an SPV
The Court of Velletri has rejected an opposition to a payment order filed by individuals who, claiming to be consumers, alleged violations…
Filing a claim in bankruptcy interrupts the statute of limitations even against the guarantor – Cassinelli wins on behalf of an SPV
“The submission of a claim for admission in bankruptcy proceedings, equivalent to a judicial claim, results, pursuant to Article 2945, paragraph 2…
Failure to indicate the Euribor divisor does not affect the validity of the loan agreement
Cassinelli Studio Legale successfully represented a leading financial company before the Court of Genoa. Fully endorsing the arguments put forward by the…
Conditional loan is an enforceable title if supplemented by a notarial deed of disbursement and receipt
Cassinelli Studio Legale successfully assisted a leading Italian securitization vehicle company in an appeal proceeding before the Panel of the Catanzaro Court,…