L'anatocismo

The anatocism is a mechanism that consists in taking compound interest for the creditor (from greek words “Ana” that means again and “tokos” that means interest). The thesis, in its first part, is oriented to showing the basis of the anatocism in the italian system and in other European country. Other aspects in the first chapter are: connection with money and interests. The second chapter is dedicated to the evolution of anatocism in Italy specifically in banking regulation: in effect a lot of questions have arisen around the application of anatocism by Italian banks. One of this problem was connected to the meaning of customary law. For twenty years Italian Courts had considered lawful the anatocism in banking system , but in 1999 the Supreme Court said that it was illegal because it wasn’t allowed by civil code (art. 1283). The job wants to retrace the story of anatocism and to examine in depth questions that are still open concerning the evolution of precedents (about the restitution of illegal compound interests, burden of proof and prescription period). Moreover wants to analyze the new law that probably decided that anatocism in banking system isn’t allowed anymore. The aim of the job is to meditate on basis of anatocism especially on its basic reasons and its connection with other type of interest.