The Supreme Court ruled that a de facto credit line (fido di fatto) can be proven without a written contract using bank statements, scalar statements, credit limit registers, and Central Risk Database reports. However, evidence must demonstrate both the existence of the credit facility and its quantitative limit. Decision dated 8 October 2026.
Key Takeaways
- Documentary Evidence: Consistent account movements showing repeated overdrafts within a stable limit suffice.
- Limit Quantification: The maximum allowed overdraft must be identifiable from the bank’s internal records or communications.
- Prescription Period: The statute of limitations for repayment claims runs from the last acknowledgment of the debt.
Disclaimer: This article is compiled and summarized by the AI based on publicly available information and is for general information purposes only. It does not constitute any form of formal tax advice, legal opinion, or basis for performance. Please consult a qualified professional tax advisor or legal counsel for tax advice.
Source: Read Official Announcement