Interessi moratori, usura e c.d. clausola di salvaguardia

Abstract

The essay deals with the issue of the relevance of interest for non perfomance within the abstract usury and provides a positive response to their inclusion in the global effective rate of the particular contract (so called TEG) even in the absence of their consideration in the context of the average global effective rate (so called TEGM). The theses formulated in the study concern: the relevance of interest for non perfomarce in the usury; the need for their evaluation combined with other items of remuneration, cost or expense; the absence of any impediment to this assessment linked to the non-inclusion of interest for non performance within the effective rate global average of the homogeneous category of the particular contract; the need for a method of joint assessment of default interest that takes into account their basis of calculation and the duration of the non performance or of the delay; the recourse to the remedy of partial nullity ex art. 1419 c.c. and not already of the nullity ex art. 1815, paragraph 2, of the Italian Civil Code; and finally the validity of the clause of safeguarding.