Loan agreement between private individuals (Italy)
Published byDocMuse
This document is in Italian
The PDF you download is in Italian — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
For lending money to a relative or friend in Italy and keeping written proof of it. The agreement, in Italian under Italian law, names both parties with their codice fiscale and sets the amount in figures and words, payment by bank transfer, whether the loan is interest-free or its interest rate, repayment in one sum or by monthly instalments, early repayment and what follows a late payment (articles 1813 ff. of the Italian Civil Code). Print two copies, both signed by both parties.
- Made for use in Italy
- Last updated October 14, 2026
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When to use this document
- You want to lend money to a family member in Italy and put everything in writing.
- A friend has asked you for a loan and you want to set when and how the money comes back.
- You have already transferred money to someone close and want a signed agreement showing it was not a gift.
- You are looking for a loan agreement between private individuals, with or without interest.
What you fill in
The details the document asks for.
- Lender
- Lender's codice fiscale (Italian tax code)
- Lender's address
- Borrower
- Borrower's codice fiscale (Italian tax code)
- Borrower's address
- Amount
- Amount in words
- Date the loan is paid out
- Borrower's bank account (IBAN)
- Interest-free loan or loan with interest
- Annual interest rate (0% if the loan is interest-free)
- Repayment in one sum or by monthly instalments
- Repayment date
- Number of instalments
- Amount of each monthly instalment
- Due date of the first instalment
- Lender's bank account
- Additional terms
- City
- Date
Common questions
- Does a loan between private individuals in Italy have to be in writing?
- The law imposes no form, but writing is the proof: without an agreement, money received can be taken for a gift, and the lender has to prove the loan. Pay the money by bank transfer, which leaves a trace. For tax purposes, interest on a loan is presumed received at the rate agreed in writing and, failing that, at the legal rate (article 45(2) of the Italian income tax code, TUIR), which is why the agreement states in writing whether the loan is interest-free.
- Can a loan to a relative or friend in Italy carry interest?
- Yes: in an Italian loan interest is due unless the parties agree otherwise (article 1815 of the Civil Code), so an interest-free loan must say so in writing. The agreed rate may not exceed the usury threshold published every quarter (law no. 108/1996); with usurious interest no interest at all is due. Without a written rate the legal rate applies, 1.60% a year from 1 January 2026. Interest received is income the lender declares.
- Can a third person guarantee repayment of a private loan in Italy?
- Yes, with a guarantee (fideiussione): the guarantor undertakes to pay if the borrower does not repay. The will to give a guarantee must be expressed (article 1937 of the Italian Civil Code): a separate written guarantee signed by the guarantor, naming the debt guaranteed, is advisable; if it also covers future debts, it must state the maximum amount guaranteed (article 1938). This agreement contains no third-party guarantee: it binds only the lender and the borrower.
- What can a lender in Italy do when a private loan is not repaid?
- The first step is a written formal demand (diffida e messa in mora), by registered post with proof of receipt, or by PEC if the debtor has one: it interrupts limitation (article 2943 of the Civil Code) and starts default interest. Before a lawsuit for up to €50,000 the law requires inviting the debtor to an assisted negotiation (article 3 of decree-law no. 132/2014), except for an application for an order to pay (decreto ingiuntivo), for which the signed agreement and proof of transfer serve. DocMuse prepares no court documents.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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