La rinegoziazione dei mutui ipotecari. Qualificazione e disciplina

[Autom. eng. transl.] The terms of the problem of renegotiating mortgage, land and mortgages, the A. addresses the specific topic of investigation of the qualification and discipline of renegotiation, regardless of the reasons that determine it. There are two profiles under which the subject of renegotiation is dealt with: to see what the possible options for renegotiating the original contractual conditions are, in the various hypotheses that can be envisaged; evaluate the terms of palatability, ie convenience for the parties, of each option, indicating in particular which are the fundamental needs for the bank and the customer. Schematically enucleated the interests underlying the renegotiation, the A. undertakes the analysis of the elements that characterize the specific case, dealing with identifying the possible renegotiation techniques, verifying the respective advantages and disadvantages, and then proceeding, after specifying the specific clauses that may be subject to renegotiation, to a more in-depth examination of the borderline between the technique of novation and that of the merely modifying agreement.