Nullity of mortgage loan contracts due to exceeding of the financeability limit as per art. 38, paragraph 2, T.U.B. and CICR resolution of 22/04/1995, with subsequent impossibility of executive action
25 August 2021Company in compulsory administrative liquidation and property tax obligation
31 August 2021The Italian Supreme Court, Order dated 18/05/2021, no. 19015, filed on 18/07/2021, set out the following principle of law: “[O]n the subject of registry tax, in the case of a non-authenticated private contract subject to registration within a fixed term but not registered, the term (five years) of forfeiture of the administration from the power of assessment is exclusively governed by the first paragraph of art. 76 of Presidential Decree no. 131 of 1986, and with reference to the dies a quo consisting of the day on which the registration of the private deed should have been requested, it being excluded that, for the purposes of the forfeiture, the production of the latter in court constitutes the use case provided for by art. 6 of the same Presidential Decree specified above”.