Bank contracts, Mortgage loan, Fundability limit, Essential element, Rule on the setting of the limit, Nature, Civil Cassation, United Sections, Judgment n. 33719 of 11/16/2022
Article 38, paragraph 2, of Legislative Decree no. 385 of 1993. Mortgage loan - Financing limit pursuant to art. 38, paragraph 2, of Legislative Decree no. 385 of 1993 - Essential element of the land loan - Exclusion - Foundation - Rule on the fixing of the limit - Mandatory nature - Exclusion - Reasons. The United Civil Sections, deciding on a matter of contrast and of principle of particular importance, affirmed: that in terms of land loans, the limit of financeability pursuant to art. 38, paragraph 2, of Legislative Decree no. 385 of 1993, is not an essential element of the...
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