Contracts, Financial leasing contract for a building to be built, Clauses, Transformation of the Title, Civil Cassation, Third Section, Interlocutory Ordinance n. 8603 of 03/16/2022

The Third Civil Section has referred to the First President, for the possible assignment to the United Sections, the question of the utmost importance of particular importance if the clause of a financial leasing contract for a property to be built, which provides for the indexation of the rent at certain rates exchange rate or interest rate, integrates a “derivative” financial instrument, with subsequent applicability of the relative regulations provided for by the T.U.F. and, in any case, if – and in what way – it affects the cause of the aforementioned contract, possibly transforming it into a different atypical or mixed contract, and in this case, with what results in terms of validity.

Source Supreme Court of Cassation