The Decree approved Milleproroghe Quach days ago, the Government has followed the first steps towards the abolition of interest on contezioso anatocistici, with considerable advantage in favor of the banking system, now steadily losing in lawsuits against the current is then forced to repay the sums taken away with the " calculating interest on interest. " The Berlusconi government intervention was necessary because the recent ruling by the United Sections of the Supreme Court has established, resolving conflict on that point, the limitation of the right to return of sums paid for interest anatocistici begins not so much the last entry in the account, but by the closing date of the current account ( Cass. United Sections sentence no 24418/2010).
It 'obvious that with this ruling, the Supreme Court extended the statute of limitations of the right claimed by the account holder to recover the amounts paid to the bank and produced as a side effect, a significant "stress " Institutions credit, who are facing new and unexpected litigation.
In this sense, can only be seen, in the opinion of the writer, as interference lobbying that led to the recent under Milleproroghe to include, within it, the cancellation of the effects of the Court of Cassation.
The Government, in fact, introduced a provision, Article. Quinques 2, paragraph 9, which explicitly states "in order to regulated banking account in the current art. 2935 of the Civil Code is interpreted to mean that the limitation on the rights arising from the record current account begins to run from the record itself .
It 'obvious that the Government is serious about giving a sponge compounding the whole affair, open support of the banking system, so much so that the same representatives of banks greeted warmly welcome the help received: "Well Standards and compound interest on deferred tax credits contained in the decree Milleproroghe " said Mussari (ABI).
The comment about the sign consumer groups is diametrically opposite and in particular ADUSBEF talking openly about cases of compromised and denied reimbursement for compounding. The association, however, notes that the effects of the Court of Cassation are not mitigated by this paragraph, " salvabanche ", as the Supreme Court would still have provided for the nullity of the rule resulting in anatocistica rights - inalienable - the return of amounts paid the current interest not due.
"We are outraged - Rosario Trefiletti state and Elio Lannutti, presidents and Federconsumatori ADUSBEF - and fielding any action, including legal, because such measures are not applied .
Federcontribuenti also, through the lawyer. Russo, speaking generally unacceptable " With a sponge, however, this Government, while not answer for the correctness of the application of" interest on interest "in fact prevents many people bank be given the right to return of these, shortening the time limits for bringing an action.
This legislative action, in my view, subvert the system as it stands in stark contrast to the interpretation of the Supreme Court, the only body entitled to interpret the law, the creator of "living law."
This Government shows that an undue favor to the banks, resulting in a serious injury to the depositors.
Fortunately, at the last moment, the rule in question has undergone a change in the process of final approval, which it was established that the same will not apply for refunds already paid, but this corrective action, however, residual. .
It 'obvious that with this ruling, the Supreme Court extended the statute of limitations of the right claimed by the account holder to recover the amounts paid to the bank and produced as a side effect, a significant "stress " Institutions credit, who are facing new and unexpected litigation.
In this sense, can only be seen, in the opinion of the writer, as interference lobbying that led to the recent under Milleproroghe to include, within it, the cancellation of the effects of the Court of Cassation.
The Government, in fact, introduced a provision, Article. Quinques 2, paragraph 9, which explicitly states "in order to regulated banking account in the current art. 2935 of the Civil Code is interpreted to mean that the limitation on the rights arising from the record current account begins to run from the record itself .
It 'obvious that the Government is serious about giving a sponge compounding the whole affair, open support of the banking system, so much so that the same representatives of banks greeted warmly welcome the help received: "Well Standards and compound interest on deferred tax credits contained in the decree Milleproroghe " said Mussari (ABI).
The comment about the sign consumer groups is diametrically opposite and in particular ADUSBEF talking openly about cases of compromised and denied reimbursement for compounding. The association, however, notes that the effects of the Court of Cassation are not mitigated by this paragraph, " salvabanche ", as the Supreme Court would still have provided for the nullity of the rule resulting in anatocistica rights - inalienable - the return of amounts paid the current interest not due.
"We are outraged - Rosario Trefiletti state and Elio Lannutti, presidents and Federconsumatori ADUSBEF - and fielding any action, including legal, because such measures are not applied .
Federcontribuenti also, through the lawyer. Russo, speaking generally unacceptable " With a sponge, however, this Government, while not answer for the correctness of the application of" interest on interest "in fact prevents many people bank be given the right to return of these, shortening the time limits for bringing an action.
This legislative action, in my view, subvert the system as it stands in stark contrast to the interpretation of the Supreme Court, the only body entitled to interpret the law, the creator of "living law."
This Government shows that an undue favor to the banks, resulting in a serious injury to the depositors.
Fortunately, at the last moment, the rule in question has undergone a change in the process of final approval, which it was established that the same will not apply for refunds already paid, but this corrective action, however, residual. .
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