CONSULENZA ALLE IMPRESE – OLTRE LA VISIONE COMUNE

QUARTERLY AND ANNUAL CAPITALISATION CAPITALIZATION OF INTEREST EXPENSE. RILEVABILITA OF OFFICE

Cass., sez. THERE, ord., May 7, 2015, n. 9169 (Pres. Di Palma; East. Sable)
Compounding quarterly Capitalization banking – compounded annually – Invalidity – clerical Detection
Both the quarterly capitalisation clause as annual interest expense capitalization posted in a bank account contract is void and as such undetectable by the judge ex officio, even without a timely profile of disability deduction by the individual.

The Supreme Court pointed out that the provision of quarterly capitalization of interest expense is nothing. The same can also be established by the courts, even in the absence of a specific deduction of the interested party.

 The Supreme Court stated that the same principle must also apply to the provision of annual interest expense capitalization. In fact, the reasons that the settled case-law of this Court as to lead to the invalidity of the clause anatocistica quarterly compounding of interest on deficits, inserted in the contract of bank account from which the credit actioned, are also valid for the compounded annually.