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 of Civil Procedure brought against a major company operating in the financial sector, dismissed the claims of the claimant who sought to have declared the nullity of the guarantee she had provided in favour of a commercial enterprise for obligations owed to the same finance company.

According to the La Spezia Court, Bank of Italy Resolution No. 55/2005, which established the nullity of clauses conforming to the ABI model, applies solely to omnibus guarantees and not to specific guarantees.

The same decision also reaffirmed that, in order to avoid forfeiture under Article 1957 of the Civil Code, a simple out-of-court request for payment by the creditor to the principal debtor is sufficient.

The finance company was assisted by Cassinelli Studio Legale, with Nicola Cassinelli and Francesca Minelli.