Loan legislation: the main laws

 

The regulation, which transposes Directive 2008/48 / Ce, has modified the previous regulation on Consumer Credit , which currently includes personal loans, specific loans (also called linked credits), salary-backed loans and known revolving credit also as revolving . The norm defines consumer credit as “the contract with which a lender grants or agrees to grant a consumer a credit in the form of payment extension, loan or other financial facilitation” while for credit linked (finalized loan, for example when you buy a car in installments) means “a credit agreement aimed exclusively at financing the supply of a specific good or service” as long as “the lender makes use of the supplier of the good or service provider to promote or conclude the credit agreement “or that” the specific good or service is explicitly identified in the credit agreement “.

The Decree regulates all aspects relating to

money

Karg (effective global annual rate); pre-contractual information; contract; changes in contractual terms; obligations regarding insurance policies; advertising; early termination; withdrawal; non-payment of installments; creditworthiness assessment; disputes, complaints and reports; conciliation and possible default by the sellers in the case of finalized loans.

The decree transposed the European directive 2010/31 / EU and updated the legislative decree 192/2005, concerning the performance and energy certification of buildings . The text introduced among other things the obligation to create, starting from 2018 (for new public buildings) and from 2021 (for new private buildings), covered with almost zero impact and modified the calculation methods and of application of the minimum efficiency requirements of buildings, which take into account the achievement of optimal efficiency levels based on costs, as required by the EU directive. The decree has also introduced the obligation of energy certification even in the case of lease of a building (as is already the case for sales), certification that must be issued in the form of a substitutive declaration of a notary deed. In the event of failure to indicate the energy performance index in the announcement of sale or rental of a property, an administrative fine of between 500 and 3 thousand euros is provided. Finally, the provision dictates the rules relating to tax deductions for interventions aimed at improving energy efficiency and in terms of professional qualification for the installation and maintenance of renewable energy plants.

Legislative Decree n. 206/2005: Consumer Code

 

The decree introduced a new order to protect the consumer . Originally composed of 146 articles, which rose to 170 following the changes made to the text in 2007, it is divided into six parts : the first contains the general provisions and the purposes and dictates the rights of consumers and their definitions; the second regulates the fields related to education, information, commercial aspects, advertising and related definitions; the third rule is consumer contracts; the fourth examines the safety of the products and their quality; the fifth is dedicated to the role of consumer associations, while the sixth contains the final provisions. With the art. 140 bis of the decree was finally regulated class action (class action) to protect the interests of consumers and users.

In implementation of the directive 2011/83 / EU on consumer rights, the decree introduced some important changes . Such as: the right of the consumer to have more pre- contractual information in distance contracts and negotiated away from business premises and the right of rethinking exercisable within 14 days and no longer 10 . In the event that the consumer has not been given adequate information in advance regarding the right to reconsider, the withdrawal period has been raised to 12 months, while the seller has 14 days (from 30) to return the amounts paid and the consumer must return the goods within 14 days against the 10 previously provided. The decree also contains the prohibition to apply additional amounts for purchases made with an ATM or credit card and the telephone tariff on lines dedicated by the sellers to the consumer in the case of direct sales (ie those at home or door-to-door) or to distance (for example, online sales).

Anti-money laundering legislation

With the legislative decree 231/2007 the new rules on the use of cash, checks, bearer passbooks and bearer bonds came into force, then updated with the addition of paragraph 1 bis of the art. 23, which regulates the contractual relationship in the event that the information to define a customer’s risk-laundering risk profile is missing. The legislation, which came into force on 6 December 2011, governed the transfer of cash and those relating to bank or postal bearer deposit books; bearer securities; bearer passbooks and bank, postal and circular checks.

 

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