Buying a house is one of the most important economic transactions in a person’s life. Purchase proposal, preliminary contract, deposit, mortgage, deed … many operations, rules, checks, documents, commitments, types of purchase. From the very first step, it is advisable to have a notary by your side, so that he can protect you and advise you on how to carry out the entire process in total safety.
Law no. 52 of 1996 introduced into the Italian legal system certain rules to protect consumers in their contractual relationships with professionals.
The “Consumer Code” contains a fundamental reworking of most of the regulations in force for the protection of consumers.
In Italy there have been numerous interventions for the readjustment of contracts made by both court rulings and the effect of the initiatives of consumer associations.
There are a number of clauses which raise suspicion of abuse, such as those that establish:
Other apparently unfair clauses are those that purport to allow the bank, unilaterally and without just cause, to change the economic conditions of the contract, including the interest rate. The law expressly excludes the very legitimacy of a unilateral change in conditions where there is no justifiable reason and unless there has been prior notification in writing.
Loan terms, therefore, normally include a closing form of words making an exception for the mandatory provisions of the Consumer Code and therefore any clauses in the contract or its annexes which can be held to conflict with those provisions are null and void.