Monthly Archives: February 2019

Unconditional Payday Loans; Loan Agreement


The provisions of the general part of this Act apply to all unconditional loans provided for in this Act; the basis of the loan agreement for other contracts specified in other Acts, including employment contracts, and other multilateral transactions, as well as contracts that are not specified by law but which do not contradict the content and spirit of the Act, as well as debt obligations not arising from the Contract. If the contract meets the characteristics of two or more types of contract provided for by law, the provisions of the law apply to those types of contract at the same time, with the exception of provisions the simultaneous application of which is not possible or whose application would be contrary to the nature or purpose of the contract. The nature of the obligation may give rise to the obligation of the parties to the debt obligation to respect the rights and interests of the other party in a certain way. for further explanation

Incomplete is the obligation that the debtor can execute but the performance of which cannot be claimed by the creditor. The surrender of an incomplete obligation cannot be recovered. The provisions of the Law on Obligation also apply to incomplete obligations, unless this is contrary to the nature of the incomplete obligation. Principle of Dissocity of the Act The provisions of this Act may be waived by agreement between the parties or the parties, unless the law expressly states or does not indicate that the deviation from the law is not permitted or if the deviation would be contrary to public policy or good morals or violate a person’s fundamental rights.

The creditor and the debtor must behave in relation to each other on the basis of the principle of good faith. A debt shall not be subject to any law, custom or transaction if it would be unacceptable under the principle of good faith. The debt is considered reasonable by what people in a good faith in the same situation would normally consider reasonable. The assessment of reasonableness shall take into account the nature of the obligation and the purpose of the transaction, the practices and practices of the relevant business or profession, as well as other circumstances. The contract is concluded by submitting a bid and accepting it, as well as by any other exchange of mutual will, if it is sufficiently clear that the parties have reached an agreement. By accepting the offer, the contract has been concluded from the time the tenderer received the acceptance. If consent is expressed in a work that is not a direct declaration of intent, the contract is concluded from the time when the bidder became aware of the work, unless the contract, in accordance with the practice or practice of the parties to the contract, is deemed to have been concluded.

If, in accordance with the agreement of the parties or at the request of one of the parties, an agreement is to be reached under certain conditions, the contract shall not be deemed to have been concluded until the agreement has been reached in these circumstances, unless otherwise provided by law. At the auction, the contract is deemed to have been awarded by the acceptance of the best offer. The auctioneer is expected to be authorized to accept the best offer. The bidder is bound to make a better offer related to its offer.

In the absence of a better offer, the tenderer shall not be bound by his tender unless it is accepted within a reasonable time after the offer is made. If the offer is not followed by a better offer, you must agree to the last offer. If several persons have made an equal offer at the same time and no better offer is followed, the auctioneer has the right to choose the best bidder among the bidders who have made an equal offer. If the auctioneer has the right to decide on the best bid in the auction conditions, the acceptance of the best bid by the auctioneer’s decision will be made in the terms of the auction within the stipulated time period, but in the absence thereof within a reasonable time. Until then, bidders have been bidding for their bids. The contract may be concluded orally, in writing or in any other form unless the law provides for the compulsory form of the contract.

Loan Agreement

Loan Agreement

If, in accordance with the law, the agreement of the parties or the request of one of the parties, the contract has to be concluded in a certain form, the contract shall not be deemed to have been concluded before the contract has been given the prescribed form. If a contract is to be awarded in a particular form, agreements on guarantees and other side obligations as well as assignment or assumption of obligations under the contract, unless otherwise provided by law or agreement, must be concluded in this form. A written agreement shall be deemed to have been entered into if the parties to the contract have signed or exchanged the contract documents with the contract documents or letters signed by either party. The law may stipulate that a written contract shall be deemed to have been entered into even if the contract document is signed only by the obligated party. If the contract has to be notarised or notarised, the contract has been concluded from notarial approval or notarization of the contract.

If mutual declarations of intent for the conclusion of a contract are confirmed or certified separately, the contract has been concluded since the confirmation of the last declaration of intention or proof. The validity of the contract is not affected by the fact that it was impossible to perform the contract at the time of the conclusion of the contract or that the party was not entitled to dispose of the object or right of the contract at the time of the conclusion of the contract. The Agreement shall also apply to the successor in title to the Contractor. The contract may be amended or the contract may be terminated by agreement of the parties or on another basis prescribed by law or the law. Unless otherwise specified in the contract, if the contract is in a specific form agreed upon by the parties, this form need not be followed when the contract is amended or terminated. If the contract provided for the contract to be amended or terminated in a particular form, one of the parties to the contract may not rely on that contract clause if the other party could understand its conduct, that the party agreed to modify or terminate the contract in a different form. Persons engaged in pre-contractual negotiations or otherwise preparing a contract must reasonably take into account each other’s interests and rights.

Code of Business Crisis and Insolvency: News for Buyers of Buildings


With the Legislative Decree n. 14/2019, the so-called ” Code of Business Crisis and Insolvency “, the discipline contained in Legislative Decree no. 122/2005, containing a series of provisions to protect buyers of buildings to be built .

Among the most significant changes there is the obligation to stipulate the preliminary contract of sale of the building to be built, or equivalent, by public deed or authenticated private deed .

The adoption of this form will entail, therefore, the obligation to transcribe the preliminary contract at the Real Estate Conservatoria , obtaining greater protection from the promisee purchaser where subsequent transcriptions and / or subsequent registrations are made on the property.


The purpose of this provision is mainly to ensure the legality check by the Notary, on which the burden of verifying that the seller has fulfilled the legal obligation consisting of:

  1. stipulation of the guarantee , introduced by Legislative Decree 122/2005, to guarantee the repayment of the amounts paid by the promisee purchaser to the promissory seller before the sale;
  2. in the release, at the time of signing the final contract of sale, of the posthumous ten-year policy, as per art. 4 of the same Decree, to cover material and direct damage to the building, including damage to third parties, pursuant to art. 1669 cc, deriving from total or partial ruin of the asset, or from serious construction defects of the works, from ground defect or construction defect, manifested after the signing of the contract of sale or assignment.

With regard to the aforementioned guarantee , Legislative Decree no. 14/2019 has expanded its content, providing for the possibility of enforcement , as well as in crisis situations of the manufacturer, for the hypotheses predetermined by law, even where the Notary certifies that he has not received, for the date set for the sale, the 10-year posthumous policy and the buyer declares to withdraw from the preliminary contract.

Furthermore, in the preliminary contract, the Notary must expressly indicate the details of the guarantee and certify its compliance with the format to be defined with a specific ministerial decree.

As for the posthumous ten-year policy , on the other hand, the Legislative Decree 14/2019 has provided for the obligation of delivery under penalty of nullity of the purchase agreement, which may be enforced by the purchaser only.

This policy must also comply with the format that will be outlined with a specific ministerial decree.

The changes introduced by Legislative Decree 14/2019 will apply to all preliminary and final purchase and sale contracts concerning buildings to be built for which the building permit has been requested or presented after March 16, 2019 and the relative provisions the surety and the insurance policy indicated above will also be applied pending the adoption of ministerial decrees, which will establish the content and minimum characteristics.apprendistato2