The essay deals with the new legal framework of competing offers for the purchase of specific assets in the arrangements with creditors. It deals especially with the position of those subjects who have contracted to acquire some specific assets of the debtor under a binding preliminary contract concluded before the debtor applied to the Court for admission to the settlement procedure with his creditors. The essay identifies cases where the selection process provided by the Article 163-bis of the Italian Bankruptcy Law is prevented by the choice that the debtor made by concluding preliminary contracts in order to sale some specific assets to third parties.
Offerte concorrenti per l’acquisto di «specifici beni» e contratti preliminari pendenti nel concordato preventivo
Della Tommasina L
2017-01-01
Abstract
The essay deals with the new legal framework of competing offers for the purchase of specific assets in the arrangements with creditors. It deals especially with the position of those subjects who have contracted to acquire some specific assets of the debtor under a binding preliminary contract concluded before the debtor applied to the Court for admission to the settlement procedure with his creditors. The essay identifies cases where the selection process provided by the Article 163-bis of the Italian Bankruptcy Law is prevented by the choice that the debtor made by concluding preliminary contracts in order to sale some specific assets to third parties.| File | Dimensione | Formato | |
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Della Tommasina Offerte concorrenti Giur. comm..pdf
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