The services of a law firm focused on banking law

In the banking litigation sector, de Tilla Studio Legale provides legal advice and assistance in both judicial and extrajudicial areas. It deals with the management of disputes between customers and credit institutions regarding issues relating to pathological aspects connected to credit relationships.

In particular, the issues addressed concern the nature of the credit (unsecured and / or privileged) and the order of preference in satisfying credit claims, the examination of the title underlying the credit claimed (current account contracts, bank credit agreements , bank loan agreements, land credit agreements, factoring contracts, supply contracts with private individuals and public administrations), its validity in particular with regard to the loan agreements stipulated pursuant to art. 117 of the Consolidated Law on Banking, the execution of the relationship (nature of interest in pecuniary obligations and amortization system, capitalization, “maximum overdraft” commission and other ancillary charges provided for in the event of early termination, penalties), the prescription of the right (ordinary prescription, short and presumptive) and the forfeiture of the credit assessment action, the admissibility of the negative assessment and / or repetition action in the context of active current account relationships, validity, effectiveness and relevance of the instruments set up to protect the credit , such as bank and / or corporate sureties, autonomous guarantee contracts, mortgage registrations, pledges on movable assets and securities.

The credit protection also extends to the examination of specific issues concerning the damage, by the debtor party, of the generic guarantee referred to in art. 2740 of the Italian Civil Code (principle whereby the debtor is liable for the fulfillment of obligations with all his present and future assets) and the preparation of the related procedural actions aimed at having the ineffectiveness declared pursuant to art. 2901 and 2902 cod. civ. of the dispositive deeds put in place by the debtor, in violation of the above law principle, through the stipulation of sales contracts in favor of third parties or deeds of contribution to the company in order to avoid the fulfillment of the obligations due. Actions of this nature were also taken against dispositive deeds put in place by the guarantors of the principal debtor.

The firm’s work also focuses on the negotiation, study and preparation of settlement agreements, as well as on the examination and drafting of ancillary documentation concerning the extinction of obligations in a manner other than fulfillment (e.g., non-liberating take-over agreements by third parties pursuant to Article 1273, paragraph 3, of the Italian Civil Code, irrevocable mandates for collection pursuant to Article 1723, paragraph 2, of the Italian Civil Code, assignment of credits as collateral, compensation). In this context, the advice also extends to the issue relating to the risk of revocation of deeds (including payments) pursuant to Articles 64, 65, 66 and 67 R.D. March 16, 1942, n. 267 (Bankruptcy law).

The activity of assistance in the study and preparation of applications aimed at ascertaining the credit in insolvency proceedings continues (requests for filing the liabilities pursuant to art. 98 and 101 lf) and actions aimed at promoting the opening of insolvency procedures to burden of insolvent debtors.