Transactions and cancellation of bank/financial debts

Art.
1965 et seq. of the Civil Code regulates the settlement contract, a contract by which the parties, by making mutual concessions, put an end to a dispute that has already begun or prevent a dispute that may arise between them.The proper function of this contract is thus to reduce litigation in Italian courtrooms through an amicable settlement of litigation.

WHEN CAN THE BANK TRANSACTION BE USED?

As a general principle, it can be stated that any dispute having patrimonial content, as long as it is of a non-personal nature (such would be a dispute concerning the right to alimony) as well as rights that by their nature or by express provision of law are removed from the availability of the parties, can be the subject of a settlement agreement, under penalty of nullity of the contract.

Regarding the form of the contract, the law itself does not require written form under penalty of nullity but only for evidentiary purposes, meaning that the intervening transaction can only be proven in writing.

For bank debts, financial debts, and in bank litigation in general, it is always possible to find effective solutions to reduce payments significantly and in full compliance with current regulations.

UCP is a consulting firm that for 30 years has specialized in handling transactions in the field of banking and financial litigation.