Banking Law, current account contract with credit initiation, quarterly capitalization clause of compound interest, invalidity, action for repetition of overpayments, interim order no. 27680 of 30/10/2018, First Supreme Court Court of Cassation

Prescription – Method of formulating the exception

Significant contrast on how to formulate the limitation exception raised by the bank

Articles 2938, 2697, 2727 c.c

The first civil section has referred the acts to the First President for the possible assignment to the United Sections, for the purpose of the composition of a marked contrast on the formulation of the exception prescription raised by the bank when the account holder requests the return of sums unduly paid , and in particular if the limitation exception, to be validly proposed, should also contain the attachment of the single remittances having a solvent nature made during the course of the relationship.

Source Supreme Court of Cassation