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Statutory interest: what the Civil Code gives a creditor
The module’s worked examples, then cases to attempt before revealing their solution · 3 sections · 351 words · 4 min
Worked example
Paolo's loan
Paolo's 15,000 € loan stays unpaid for 73 days of 2026. A full year at 1.60 per cent gives 15,000 × 1.60 % = 240.00 €. Prorated to the period, 240.00 × 73 / 365 = 48.00 €. That is the statutory interest for those 73 days, with no loss to prove.
Practical case
A deposit returned late
A private landlord must return a deposit of 8,000 € to a former tenant, a private person. The debt is due, the landlord has received a written demand, and the money stays unpaid for 120 days, all in 2026. No rate was ever agreed. How much statutory interest does the landlord owe for those days?
Hint: Compute the interest for a full year at the 2026 rate, round it to the cent, then prorate it to the days over 365.
Show the solution
The debt is between private persons, so the commercial decree does not apply and the Civil Code does: statutory interest runs from default. A full year at 1.60 per cent gives 8,000 × 1.60 % = 128.00 €. Prorated to 120 days over 365, that is 128.00 × 120 / 365 = 42.08 €, rounded to the cent.
Answer: 42.08 € of statutory interest
Practical case
A debt straddling the new year
A private person owes 10,000 € to a relative under a written loan with no agreed interest rate. The debtor is in default for 61 days at the end of 2025 and 59 days at the start of 2026, then pays. What statutory interest is owed for the whole period?
Hint: Split the period by calendar year and use each year's rate.
Show the solution
The 2025 days are computed at the 2025 rate of 2 per cent: a full year gives 10,000 × 2 % = 200.00 €, and 200.00 × 61 / 365 = 33.42 €. The 2026 days are computed at 1.60 per cent: a full year gives 160.00 €, and 160.00 × 59 / 365 = 25.86 €. The total is 33.42 + 25.86 = 59.28 €. A single rate for all 120 days would have given a different, wrong figure.
Answer: 59.28 € in total
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