The discipline of unfair commercial practices is outside the competences of Banking and Financial Ombudsman, thereby implying the obligation of the parties, in negotiations and in the definition of contracts, to act in good faith

A higher level of judicial protection in the field of unfair commercial practices can be achieved by a stronger harmonization of Eu rules and procedures, even with soft law instruments, such as interpretative communications on the principles of the discipline

Many alternative dispute resolution mechanisms operating outside the regular court system are active in the field of civil cases and in particular in that of dispute resolution over banking and financial issues: e.g. Conciliatore Bancario, Ombudsman, Consob’s Chamber of settlement and...

National regulation implementing in Italy the Ec Directive on mediation defines it as a condition of admissibility for the initiation or continuation of judicial proceedings. In particular, the compulsory recourse to mediation is an important aspect of the new Italian regulation on the liability...

The legislative indications in terms of self-regulation have remained largely unheeded and typical features of the codes of conduct have not been sufficiently exploited. A new trend in the direction of strengthening the relevant self-regulatory experiences is therefore necessary

In the consultations undertaken by the Eu Commission on the implementation and revision of the Commercial Practices Directive, the Italian Banking Association has proposed observations and suggestions, in particular concerning the notion of «average consumer» and the definition of «commercial...

The recent Italian bankruptcy law reform has innovated the preinsolvency system for corporate crisis management, particularly with regard to debt restructuring agreements aimed to facilitate business continuity. The innovations do not actually represent a structural intervention and are likely...

In the context of the reform of bankruptcy law, the improper granting of credit and the restructuring of debts of a company have received a more comprehensive regulatory definition, with a clearer identification of the situations and responsibilities: an issue of peculiar interest for banks...

The functioning of the different financial income taxation regimes for individuals, private partnerships and non-commercial entities indicate that there are differences in the treatment of capital losses. In the declaration and administered savings fiscal regimes, capital losses are those...

The Italian pre-insolvency law for corporate crisis management needs to be reconsidered for a further rationalization and harmonization. This in line with the Eu position aiming to strengthen such regulation in Member States legal systems