An afterthought by the Supreme Court regarding the legality of supervening usury

The Supreme Court retraces its steps, affirming the illegitimacy of supervening usury, which can be configured in the case of interest agreed as lower than the usury threshold rate, but which has become higher than it during the course of the relationship.

With Order No. 1187 of September 28, 2023, the third civil section of the Supreme Court, also following up on the dictum of the United Sections on “usurious” default interest, comes, in fact, to qualify the interest that has become usurious during the course of the relationship as «undue amounts» and the related request of the creditor as an «illegitimate» claim, as it is aimed at obtaining the execution of a performance that is objectively disproportionate, violating contractual good faith.