By Marcello Condemi
Within the perimeter of the study of economic law, among the many, deserves consideration the issue relating to the potential criticalities underlying the straight-line depreciation system (so-called “French-style”), which, for some time now, has been attracting the attention of the courts in particular, not only because of the delicate legal issues underlying it, but also (and above all) because of the potential criticalities underlying the system of straight-line depreciation. “For some time now, this issue has been attracting the attention of jurisprudence in particular, not only because of the delicate legal issues involved, but also (and above all) because of the vast pool of potential interested parties, represented on the one hand by lending banks and, on the other, by borrowing customers, which include, among others, a significant number of companies and organisations often active in the field of infrastructure works. The potential critical profiles of the ”French-style“ amortisation system do not, however, concern only one legal area, extending to several (and even specialised) areas of law, involving both technical-regulatory profiles (which are governed by the Consolidated Banking Act (TUB) and the related implementing provisions issued by the Bank of Italy) and certain more traditional institutions belonging to the general theory of civil law [such as (i) nullity and (ii) voidability of contracts, (iii) damages, and even the general and transversal notions of (iv) good faith and (v) fairness]. Confirming the importance now assumed by the ”French-style“ amortisation, it is worth mentioning, lastly, that the First President of the Supreme Court of Cassation has referred the delicate underlying issues to the U.S.S.R. for examination, in application of the newly introduced ”preliminary reference" under Article 363-bis of the Code of Civil Procedure; a choice that, in agreement with the Court, is motivated by the need to address such issues in as holistic and multidisciplinary a perspective as possible.
Published in the journal “Transport Law and Policy”, Issue I/2023, in October 2023.
