The paper considers the issue of the title of trustee in bankruptcy to action for damages. Once identified the provisions establishing this title, which includes together with actions already attributable to the bankrupt debtor also other actions called “Mass actions” (i.e., due to the generality of creditors whose title dates back before the occurrence bankruptcy), the Author specifies the practical limits of the title, starting from the case law, and finally analyzes the particularly complex subject concerning the possibility, or impossibility, for trustee in bankruptcy to sue banks in order to recover the damage resulting from the so called “abusive granting of credit”.
La legittimazione attiva alle azioni risarcitorie del curatore nel fallimento / Rascio, Nicola. - In: GIURISPRUDENZA COMMERCIALE. - ISSN 0390-2269. - 2013, fasc. 1(2013), pp. 146-162.
La legittimazione attiva alle azioni risarcitorie del curatore nel fallimento
RASCIO, NICOLA
2013
Abstract
The paper considers the issue of the title of trustee in bankruptcy to action for damages. Once identified the provisions establishing this title, which includes together with actions already attributable to the bankrupt debtor also other actions called “Mass actions” (i.e., due to the generality of creditors whose title dates back before the occurrence bankruptcy), the Author specifies the practical limits of the title, starting from the case law, and finally analyzes the particularly complex subject concerning the possibility, or impossibility, for trustee in bankruptcy to sue banks in order to recover the damage resulting from the so called “abusive granting of credit”.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.