12 Jun wear and need

On the subject of wear, the state of need is not to be understood as a state of necessity such as to absolutely annihilate any freedom of choice, but as an urgent nagging that, limiting the will of the subject, induces him to resort to credit on usurious terms, neither the cause of it nor the use of the usurious loan assuming any relevance. The state of need exists, then, whenever the injured person is unable to obtain money loans elsewhere and at better conditions and must therefore submit to the exorbitant conditions imposed on him, o when the taxable person finds himself in a situation that eliminates o, However, limits his will by inducing him to contract in conditions of psychic inferiority such as to vitiate his consent. In this perspective, the state of need of the person injured by the crime of usury can also be proved on the basis of the sole measure of interests, if they are of such an extent as to reasonably assume that only a subject in that state can contract the loan under such unfair and onerous conditions (Cass. 12330/21).