The article aims to provide a brief summary of recent decisions of the United Sections of the Court of Cassation, which provide important clarifications and legal orientations. The topics covered include the validity of clauses in fixed-rate mortgages with French amortization, the suspension of procedural deadlines during the holiday period, and the measurement of legal interest. Furthermore, the implications of late incidental appeals, the use of digital signatures in appeals to the Court of Cassation, and the economic rights of divorced spouses regarding severance pay and early retirement incentives are analyzed.
Fixed rate mortgage and French amortization
The ruling of the United Sections established that French amortization clauses, often used in fixed-rate mortgages, are legitimate, provided that the methods of calculating interest are clearly set out in the contract. The central question was whether these clauses could imply a capitalization of interest, a practice known as anatocismwhich is generally prohibited except for explicit exceptions. The Court’s decision provides important clarity and protection for consumers by ensuring that contractual terms are transparent and understandable.
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Summer suspension of procedural terms
Another important issue concerned the suspension of procedural deadlines during the holiday period, an essential aspect for the organization of the judicial calendar. The United Sections have clarified that the suspension does not apply indiscriminately to all terms, but only to peremptory ones, unless expressly provided for by law.
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Measure of legal interest
The determination of legal interest due in the event of late payment has been another focal point of recent decisions. The Court has distinguished between compensatory interest, which compensates for the damage resulting from late payment, and default interest, which penalizes the debtor for the delay. This distinction is essential to ensure a fair application of the law and to avoid injustices towards excessively penalized debtors.
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Late cross-appeal
The Joint Sections also examined the possibility of filing a late cross-appeal, i.e. after the ordinary deadline for appeal. The decision clarified that such an appeal is admissible only in exceptional circumstances, where there are serious reasons justifying the delay. This principle balances the right to defense with the need for legal certainty, preventing the parties from abusing the process to prolong the time of justice..
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Purgative power of the delegated judge in the bankruptcy law
A very important ruling concerns the powers of the bankruptcy judge in bankruptcy proceedings, in particular the power to “purge” mortgages. The Court reiterated that this power must be exercised with great caution, given the significant impact on mortgage creditors. The decision underlines the importance of a balance between the need to liquidate bankruptcy assets quickly and the rights of secured creditors.
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Digital signature in the appeal to the Supreme Court
With the increased use of digital technologies in legal processes, the United Sections addressed the issue of digital signatures in appeals to the Supreme Court. The ruling confirmed that digital signatures must meet authenticity and integrity requirements, ensuring that the document cannot be altered after signing. This guarantees the validity and security of digital procedural documents, an increasingly important aspect in the era of judicial computerization.
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TFR and severance pay for the divorced spouse
In matters of family law, the Court has clarified that the former spouse is entitled to a share of the severance pay and early retirement incentives, even in the presence of contractual clauses that suggest otherwise. This principle protects the economic rights of the economically weaker spouse and ensures a fair distribution of resources in the event of divorce.
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Modification of the judicial application
The Joint Sections also provided clarifications on the possibility of modifying the judicial requests after the clarification of the conclusions. The judgment establishes that such modifications are admissible only if they do not substantially alter the object of the dispute, thus preserving the right of the parties to clearly know the requests and the opposing defenses.
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Mandatory mediation
Finally, a judgment addressed the mandatory nature of mediation for counterclaims. The Court reiterated that mediation is a fundamental prerequisite, which must be observed to promote the amicable resolution of disputes and reduce the workload of the courts.
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Power of Attorney for Litigation on Separate Electronic Document
The last important ruling concerned the validity of the power of attorney drawn up on a separate electronic document. The Court confirmed that, provided that the requirements of authenticity and non-modifiability are met, such a document is fully valid. This is particularly important in the context of the digitalization of justice, facilitating the use of electronic tools in legal processes.
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Training course: the civil process one year after the Cartabia Reform
This practical and innovative course is designed to provide you with a complete and up-to-date overview of recent developments in civil procedural law. From the management of the telematic civil process to the news on third-party seizures, from the relationship between ordinary and summary proceedings to the new provisions in family law and the corrective decree of the Reform.