Unfair mortgage terms: ex officio set-off is allowed, but subject to limits
Directive 93/13 may allow set-off between the bank’s and consumer’s claims, but it does not create an automatic rule for Italian proceedings.
▧ 22 September 2026 ◷ 7 minTranslation of the Italian website. Legal references concern Italian law. Original illustrations may contain Italian text.
Case-law Insights
Insights and analysis of recent decisions in the firm’s practice areas.
Bank loans and avoidance actions: financing may also be ineffective
A loan concluded during the suspect period may be avoided if the bank knew that the borrower was insolvent.
▧ 21 September 2026 ◷ 7 minManipulated Euribor: a loan is not automatically void
Decisions on the derivatives cartel do not automatically invalidate a Euribor clause in a loan belonging to another market.
▧ 7 September 2026 ◷ 7 minABI guarantees: the Joint Divisions redefine proof of nullity
For specific guarantees or those signed outside the period examined by the Bank of Italy, matching clauses are not always sufficient.
▧ 5 September 2026 ◷ 7 minVariable-rate loans: referring to Euribor may not be enough
The variable benchmark must allow an unambiguous calculation: the 360/365 basis and day-count method also matter.
▧ 17 August 2026 ◷ 7 minBeware of increased rent
A concealed agreement setting rent above the registered amount is void and cannot be cured.
▧ 2 August 2026 ◷ 7 minOwnership of a debt is not presumed: it must be proved
A case handled by the firm: the Nola Court set aside a €241,027.65 payment order.
▧ 2 August 2026 ◷ 7 minAdverse possession and bankruptcy: the Court of Cassation changes its approach
A case handled by the firm helped establish a new principle on asserting adverse possession against a bankruptcy trustee.
▧ 2 August 2026 ◷ 7 minHave you signed a bank guarantee? It may contain void clauses.
Clauses reproducing the ABI form criticised by the Bank of Italy may be partially void.
▧ 2 August 2026 ◷ 7 minMore than 40 days since a payment order? It is not always too late.
In specific cases, with special protection for consumers, a late objection may still be possible.
▧ 2 August 2026 ◷ 7 minCompound bank interest: is the issue really closed? Not always.
Lawful capitalisation requires genuinely equal calculation frequency for credit and debit interest.
▧ 2 August 2026 ◷ 7 minBank guarantees: the Court of Cassation strengthens consumer guarantor protection
A clause derogating from Article 1957 of the Civil Code to a consumer guarantor’s detriment is unfair.
▧ 29 April 2026 ◷ 7 minLiability of shopping centre operators
Case-law developments and liability issues.
▧ 2026 ◷ 7 min