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

The Court of Bologna, 4th Civil Section, with the relevant decision no. 1826 of 02/08/2021, deemed two different mortgage loan contracts entered into between a bank and a company in liquidation to be null and void, as the amount disbursed exceeded the limit of financeability set forth in art. 38, paragraph 2, of the Consolidated Banking Law (T.U.B.) and by the CICR (Interministerial Committee for Credit and Savings) resolution of 22/04/1995, with the consequent declaration of ineligibility of the executive action brought under the same contracts.