Tempo di lettura ca.: 28 secondi
Sintesi
SINTESI
Banks traditionally use unilateral contractual modifications, as provided by the sectoral regulations, to rebalance the negotiated synallagma altered by cyclical variations. This occurs in an environment characterised both by a widespread asymmetry of subjective positions and by the presence of massive contractual relationships. The debate and studies on the use of this remedial instrument have returned to the attention of the doctrine due to a significantly deteriorated economic context following the pandemic period, the ongoing conflict in Ukraine, and the accentuated inflationary dynamics, all events that forcefully re-propose the theme of re-balancing the structure of bank contracts originally defined by the parties. In this context, the present paper proposes to investigate one of the main elements legitimising the exercise of the right of unilateral variation by banks – the justified reason – in the light of the most recent applicative and hermeneutic solutions developed by doctrine and jurisprudence.
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