Il collegamento negoziale ed il contratto di credito ai consumatori
This paper is aimed to highlight the relation between contracts in case of consumer credit contracts, building from the new European Directive harmonizing the regulation of consumer credit and from a recent decision of the Civil Cassation, no. 12454 of 19.07.2012. The purpose of the Directive 2008/48 CE is to contribute to the creation of an internal market for credit and establishing minimum common rules to protect consumers. Instead, the judgment is interesting because of its dual nature. On one hand, it’s a sort of landing point of the long discussion on the deleted agreements theme, related to loan contracts, a typical example of consumer credit contracts, and on the other hand like a starting point to try to resolve the many doubts that focus around the limits of the negotiation and the good contractual faith. It becomes an opportunity to analyze the legal framework for consumer credit, with a special attention to the reform of 2010, based on the interpretation offered by the domestic and european case-law, and the clauses of exclusion of the link between sales contract and loan agreement.