The present study examines debt discharge at the conclusion of an insolvency proceeding under Italian law, with a particular focus on the interplay between the unenforceability of outstanding debts and the initiative of the debtor. The issue, which had already arisen in the previous Italian regulatory context, was not clarified by Article 281 of the Italian Code of Business Crisis and Insolvency (“Codice della crisi”). It was then touched upon several times in the corrective decrees to the “Codice della crisi” which, following in quick succession, only created further confusion. However, the issue is of central importance for debt discharge, and its resolution also allows some further conclusions on the subject of intertemporal law.
Esdebitazione e iniziativa di parte nella liquidazione giudiziale. Conformità al diritto europeo del terzo decreto correttivo
Carlotta Rinaldo
In corso di stampa
Abstract
The present study examines debt discharge at the conclusion of an insolvency proceeding under Italian law, with a particular focus on the interplay between the unenforceability of outstanding debts and the initiative of the debtor. The issue, which had already arisen in the previous Italian regulatory context, was not clarified by Article 281 of the Italian Code of Business Crisis and Insolvency (“Codice della crisi”). It was then touched upon several times in the corrective decrees to the “Codice della crisi” which, following in quick succession, only created further confusion. However, the issue is of central importance for debt discharge, and its resolution also allows some further conclusions on the subject of intertemporal law.
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