Il contratto di risparmio edilizio in Italia, tra atipicità, immeritevolezza e illiceità della causa (nota a Trib. Milano, 25 gennaio 2022, Est. Stefani)

The paper deals with the controversial issue of the merits of interest under article 1322 of the Civil Code in the atypical contract of German origin called «building savings contract» (Bausparvertrag), applied in Italy through an Italian branch of a German bank. In its original version, it is configured as a loan preceded by a deposit phase with the lending bank, however, in the different version that has been applied in Italy, this model is distorted to the point of determining the Court of Milan, with the judgment under comment, to declare its nullity for illegality of the cause. This, in particular, by virtue of the splitting of a unitary economic transaction into a plurality of related contracts, which alters its cause, producing as its final effect the payment of interest not due by the borrower.