The recurring abuse of behaviors which aim to depauperate the net worth, in a fraudulent way, adopted by debtors has come to light the inadequacy of the existing instruments whose purpose is to guarantee the creditors’ interests, with a particular focus on the ordinary revocatory action. This thesis work aims to analyze the instrument introduced by Italian Legislator with art. 2929-bis CC in the year 2015. Even if this instrument allows to contain the ordinary revocatory action’s crisis, it has barely being applied. Starting with the analysis of the patrimonial legal liability, ex art. 2740 CC, with particular reference to Aubry and Rau’s theory of net worth’s unity, the research is intended to provide a clear overview on processual critical issues related to the instrument ex art. 2929-bis CC, by giving to reader the knowledges and solutions which the doctrine proposes. Although this new instrument has still several interpretative issues, the jurisprudence is able to dissolve them over time and sentences.
La tutela dei creditori. L'art. 2929-bis CC / Etienne Fabio Invernizzi , 2021. 33. ciclo, Anno Accademico 2019/2020.
La tutela dei creditori. L'art. 2929-bis CC.
INVERNIZZI ETIENNE FABIO
2021-01-01
Abstract
The recurring abuse of behaviors which aim to depauperate the net worth, in a fraudulent way, adopted by debtors has come to light the inadequacy of the existing instruments whose purpose is to guarantee the creditors’ interests, with a particular focus on the ordinary revocatory action. This thesis work aims to analyze the instrument introduced by Italian Legislator with art. 2929-bis CC in the year 2015. Even if this instrument allows to contain the ordinary revocatory action’s crisis, it has barely being applied. Starting with the analysis of the patrimonial legal liability, ex art. 2740 CC, with particular reference to Aubry and Rau’s theory of net worth’s unity, the research is intended to provide a clear overview on processual critical issues related to the instrument ex art. 2929-bis CC, by giving to reader the knowledges and solutions which the doctrine proposes. Although this new instrument has still several interpretative issues, the jurisprudence is able to dissolve them over time and sentences.File | Dimensione | Formato | |
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