Business Contracts, Financial Leasing, Translating Leasing, Termination for user default, Court of Cassation, III Section, Interlocutory Ordinance no. 5022 of 25/02/2020

Applicability of art. 1, paragraphs 136-140, of law no. 124 of 2017 to past events

Applicability by analogy normally occurring in this case (art.72-quater l.fall.)

The Third Civil Section has referred the documents to the First President for the possible assignment to the United Sections of the following issues of particular importance:

a) “if the interpretation of art. 1, paragraphs 136-140, of law 4.8.2017 n. 124, according to which this rule would impose to abandon (also for the events occurred before its entry into force) the traditional orientation that applies to the resolution of the translation lease the art. 1526 of the Italian Civil Code, is consistent with the Community principles of legal certainty and protection of custody “;

b) “whether a rule non-existent at the time when the concrete case not foreseen by the order could apply by analogy, even only by analogia iuris; and in the affirmative if, with reference to the present case, this rule to be applied analogically can be found in art. 72 quater l.fall. “.

Source Supreme Court of Cassation