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Il collegamento negoziale ed il contratto di credito ai consumatori

Antonella Floris    

Annarita Freda    Università Ca’ Foscari Venezia, Italia    

Ilenia Rapisarda



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.

June 30, 2013
Aug. 3, 2016
Copyright: © 2013 Antonella Floris, Annarita Freda, Ilenia Rapisarda. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.