The recent Italian Financial Stability Law introduced significant changes in the regulation of households’ over-indebtedness crisis, completing a wide reform realized in 2012 relating to corporate crisis, with the adoption of pre-insolvency instruments

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

The Ec directive on unfair commercial practices does not seem to have a direct impact, in terms of changes, additions or exceptions, on Italian private law, but in any case it is likely to produce indirect consequences on commercial law

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

The Italian Criminal Code provisions on usury cannot be applied to banking transactions which are subject to a specific discipline. New regulation on the matter is therefore necessary

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...

Class action, regulated by art. 140 of the Italian consumers’ code, is an important legal institution also related to pre-determination of payable damages.A recent class action, involving an Italian banking group, has been rejected by the Italian Court and provided the opportunity to address...