The article deals with the problem of fraudulent conveyance exercised against bankrupt companies. Such theme has recently returned of great interest due to some decisions of the Sezioni Unite of the Italian Supreme Court, which have excluded this possibility in light of the principle of crystallization of assets and liabilities at the declaration of bankruptcy. The paper argues that a prohibition of this type is not actually immanent in the system and that, on the contrary, the problem lies on the interaction between the restitutions arising from fraudulent conveyance and the rules of bankruptcy. In fact, when exercised against an insolvent company, fraudulent conveyance faces a major adaptation in some of its essential features, as is particularly evident regarding payments and acts of disposal.

Revocatorie tra fallimenti e regole del concorso

Stefano Covino
2021

Abstract

The article deals with the problem of fraudulent conveyance exercised against bankrupt companies. Such theme has recently returned of great interest due to some decisions of the Sezioni Unite of the Italian Supreme Court, which have excluded this possibility in light of the principle of crystallization of assets and liabilities at the declaration of bankruptcy. The paper argues that a prohibition of this type is not actually immanent in the system and that, on the contrary, the problem lies on the interaction between the restitutions arising from fraudulent conveyance and the rules of bankruptcy. In fact, when exercised against an insolvent company, fraudulent conveyance faces a major adaptation in some of its essential features, as is particularly evident regarding payments and acts of disposal.
Covino, Stefano
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11568/1146662
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