L’«abbinamento» di polizze assicurative ai contratti di credito: il sottile confine tra facoltà ed obbligo

Camedda, Alessandra

2022-01-01

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Abstract

With the judgment under review, the Court of Cassation clarified that the “conditioning” of the loan disbursement to the stipulation of a life insurance — relevant for the purposes of the applicability of art. 28 of the law decree no. 1/2012 and the implementing rules referred to in ISVAP Regulation no. 40/2012 — does not necessarily have to manifest itself through the inclusion in the loan agreement of a clause that expressly provides for the policy as a condition for disbursement of the loan, but can be considered integrated even in the absence of similar contrac- tual provisions when an insurance policy has essentially been imposed or claimed by the lender.