Possibilities and effects of the loan and loan between private individuals as well as that between relatives, natural persons, friends or between companies and spouses in Italy
Here we will deal with loans and loans between Italian private individuals face to face online to distinguish it from the loan between private individuals “unrelated” to each other and carried out through the electronic platforms of the so-called social lending or social loan made via the internet. Ergo, the loans between private individuals treated in this post concern any loan and loan between private individuals between acquaintances and therefore those forms of credit called by custom loans between relatives or between spouses in the family or between friends or even acquaintances and in any case between individuals Italians or in Italy. We will also say about the loan between companies or companies, that is, between legal entities. So why are Italian private loans constantly increasing? There are two reasons: the first is that lenders deny financing for various reasons, the second to save money. But if we really turn to a private person, who do we go to at first glance? Surely our relatives or friends are physically lost!
loans between friends and relatives
Let’s start about the possibility and the effects that loans between friends and relatives have that are natural persons. That is, is it possible and legitimate to obtain loans between relatives and friends and / or acquaintances ? Answer: it is very possible and legally correct! The possibility and lawfulness was implicit in the system, but today a formal and authoritative confirmation has arrived: the Court of Cassation. According to one of his freshest ruling, No. 2404 of 2010, mortgages and loans made to a friend and / or relative who is a natural person do not constitute a crime provided that the disbursement is occasional and not directed to the indistinct public. In essence, loans between individuals who are relatives or friends are lawful only when they are NOT done in a systematic and professional way because if this were the case they would violate the decr. lgs. n. 385 of 1993 which provides for the hypothesis of the crime of abusive exercise of credit. Ultimately, dear friends and relatives, you can help each other safely, the only limit is to be lucky enough to deal with friends and relatives who make loans between serious and honest private individuals. Now let’s move on to funding between close family members…
financing between cousins, brothers, uncles, grandparents
If the figure of the loan between friends or between relatives is peaceful, it is the case of loans between family members online. What interpretation should be given to the term “familiar”? Well, if by family we mean financing between cousins, brothers, uncles, grandparents etc. then everything is ok! But if by family members we mean loans between spouses, things change: it is always the cassation that, if on the one hand affirms the possibility of the loan between relatives, denies not so much the loan between spouses, that is, between wife and husband, but the right to the repayment. In practice, with sentence no. 12551 of 2009, the supreme court denied the repayment of the financing to a wife who had lent a certain sum to her husband, motivating the whole thing with the fact that the “loans between spouses” are not so much real loans but rather a form of mutual solidarity or mutual aid existing between spouses in the family. Consequences: Do you want to make a loan to your beloved spouse? You can do it, it is not a crime, but know that the repayment resulting from loans between spouses can only be voluntary, but not judicial.
loans between companies or online companies
A short note we dedicate to loans between companies or online companies. Unlike loans between Italian private individuals, loans between companies are generally prohibited as far as the result of the loan (interest) should be entered in the financial statements but would thus be outside the scope of the articles of incorporation. In fact, this object is, precisely, of the banks and financial institutions authorized by the aforementioned Legislative Decree 385/93. In coclusion, loans between private individuals for profit can only take place between natural persons and not between legal entities. We end the discussion by indicating some tools made available to our users in order to make them conclude loans between serious private individuals online. Whatever the type of loan between relatives and family members between friends and acquaintances etc. we advise you to first read the requirements of the loan between individuals and only after having carefully read the aforementioned connection, if you want, you can use and / or print our private loan writing or loan agreement between private individuals online.