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Neither the borrower nor the employer is under any obligation to issue or accept, respectively, the new delegation of payment. A bankruptcy or insolvency proceeding against the Originator would also affect any payments made by the borrower or the employer to the bankrupt Originator which have been physically commingled with other sums and assets of the Originator.
Indeed, such sums would not benefit from the segregation provided for by Article 3 of Law No. Since such guarantees constitute unsecured obligations of the relevant financial intermediary, in the case of bankruptcy or other insolvency proceedings affecting the financial intermediary, these guarantees will be unenforceable. Consumer protection legislation CDQ Loans and DP Loans are personal loans that qualify as consumer loans3 and, as such, are subject to consumer protection legislation. Pursuant to Article ter of the Banking Act, a consumer may withdraw from a consumer credit contract within fourteen days, starting from the conclusion of the contract or from the moment when the consumer has received all the conditions and information provided for by law.
Article sexies of the Banking Act provides that the consumer may at any time discharge fully or partially his obligations under a loan agreement, in which case he shall be entitled to a reduction in the total cost of the loan consisting of the interest and the costs for the remaining duration of the contract.
In certain cases, the lender may be entitled to a compensation for early repayment, which may, in any case, not exceed the amount of interest that the consumer would have paid for the remaining duration of the loan. Pursuant to Article septies, par. Paragraph 2 of Article septies of the Banking Act provides that the consumer shall be informed of the assignment of the claim or of the loan agreement5 in accordance with the formalities set out by the Bank of Italy.
The Ministerial Decree of 3 February the Decree has specified that the consumer shall receive an individual communication, except for those cases in which a collective communication is permitted by law.
As confirmed by the Provisions of the Bank of Italy, issued on 9 February , this includes the collective communication provided for by the Securitisation Law publication in the Official Gazette and filing with the Register of Companies.
Pursuant to the Consumer Code, regardless of the good faith of the parties, clauses that produce a significant imbalance between rights and obligations deriving from a contract between a consumer and a professional entity are considered as restrictive and therefore null and void, unless they have formed the object of a specific negotiation between the parties.
Pursuant to Article of the Civil Code, accrued interest may be capitalised only if it has fallen due more than six months previously and only starting from the date that legal proceedings are instituted or by virtue of an agreement dated after the interest has fallen due.
Pursuant to Article of Legislative Decree No. Unless the assignor, in agreement with the assignee, continues to service the claims. We are a British Columbia and Alberta based company proudly. The US Government's Direct Loans program is any student's best shot at borrowing money with bad credit. When choosing a credit union, you should go for one that is conveniently located, one that has a great savings program, and one that suits your needs.
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- Definitions and applicable legislation
Under Italian law1 such financings are permitted provided that the percentage of the salary or pension used to repay the loan does not exceed 20 percent or one fifth of the total salary or pension of the borrower, net of withholding taxes, and provided further that the term of the loan does not exceed 10 years. Visit our web site: