It is uncertain whether, after the transfer of a business from an entrepreneur to another, the creditors of bankrupted clients should file claw-back suit against the alienator or the alienee. The article investigates the matter considering both cases in which nothing has been agreed by the parties of the transfer and cases in which they have established that such obligations should be transferred on the alienee together with the business. Special attention is devoted, in the second half of the article, to cases involving the transfer of bank branches, as they are the most common in courts and they are regulated by a different set of rules in Italian law.
Trasferimento d'azienda (bancaria) e debiti restitutori da revocatoria fallimentare
VERBANO, MARCO
2014
Abstract
It is uncertain whether, after the transfer of a business from an entrepreneur to another, the creditors of bankrupted clients should file claw-back suit against the alienator or the alienee. The article investigates the matter considering both cases in which nothing has been agreed by the parties of the transfer and cases in which they have established that such obligations should be transferred on the alienee together with the business. Special attention is devoted, in the second half of the article, to cases involving the transfer of bank branches, as they are the most common in courts and they are regulated by a different set of rules in Italian law.
Pubblicazioni consigliate
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
