Considerazioni su interessi nelle transazioni commerciali e interessi processuali di cui all’art. 1284, comma 4, c.c.

Abstract

The author, after examining both european and national regulations governing interest on capital, focuses on procedural interest as set out in Article 1284, paragraph 4, of the Civil Code. This provision raises concerns about constitutional legitimacy for three main reasons: first, it equates inherently different legal situations, treating them identically; second, it introduces unequal treatment between the parties in the proceedings, favoring some at the expense of others in an inconsistent manner; finally, this regulation appears to be in direct conflict with the logic and principles of the legal system as a whole.