According to the Court of Appeal of Milan, “the simple proposition of an extrajudicial request for payment must be considered sufficient to…
Browsing CategoryBanking Law
Omnibus surety and antitrust violations: the “follow-on” and “stand-alone” cases according to the Court of Appeal of L’Aquila
With a judgment of 18 November 2024, the Court of Appeal of L’Aquila, reiterated that “in the context of antitrust actions in…
The publication of the bulk sale in the Official Gazette proves the ownership of the credit. Cassinelli wins for a securitisation company
“In the event of a bulk sale of the receivables by a bank pursuant to article 58 of Italian Legislative Decree no….
The pledge on the life policy to guarantee a bank loan is valid. The decision of the Court of Genoa
Article 1923 of the Italian Civil Code “prohibits the insurer from bringing an enforcement or precautionary action against the sums due to…
The intervention in the executive procedure is valid to interrupt the prescription. Cassinelli with a banking institution wins in the Court of Genoa
The intervention in the executive procedure is an act interrupting the prescription. This is one of the principles confirmed by the Court…
The request for sentencing to a sum greater than that included in the order for payment, which does not have the effect of judging, is legitimate. Cassinelli with an SPV before the Court of Appeal of Trento
A creditor who obtained an injunction (which has become final due to lack of opposition) is allowed to separately propose a new…
ABI scheme and nullity of the guarantee: the burden of proof is on the guarantor
“It is reiterated, indeed, that the use of this scheme is not prohibited tout court, but only in the event that it…
The mortgage is valid as an enforceable title even if the amount borrowed is paid on a non-interest-bearing deposit: this has been confirmed by the Court of Pisa
The Court of Pisa rejected the complex opposition to the execution, entrusted with ten reasons, proposed against a securitisation vehicle, assisted by…
Euribor rate and antitrust violations: the anticompetitive agreement must be specifically proven
The college of the bankruptcy section of the Court of Genoa rejected a claim proposed against a securitisation company (assignee of a…