“In terms of a bank loan, at a fixed rate, with instalment repayment of the loan regulated by a fixed-term instalment amortisation plan of a traditional standardised type, the failure to indicate the method of amortisation and the capitalisation regime composed of debtor interest does not result in the partial nullity of the contract, due to the indeterminacy or indeterminability of the object of the contract, nor for violation of the regulations on the transparency of the contractual conditions and relationships between credit institutions and clients”.
This is the principle expressed by the Court of Cassation by order of 08/01/2025, rejecting the appeal proposed by a real estate company against a Bank, assisted by Cassinelli Studio Legale.
The Supreme Court has definitively confirmed the validity of the mortgage contract that is the subject of the dispute, since the grounds for nullity denounced by the borrower company do not exist.
The Banking Institute was assisted by Roberto Cassinelli together with Michela Rosina.