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Abstract

"The book deals with the regulation concerning preferences in insolvency lawand the effects of these rules on the ever increasing cases where a payment ismediated by an agent and the debtor or the agent fall into bankruptcy. The workconsiders the following questions: a) Who has the action to be brought against?b) How has the harm to creditors to be demonstrated? c) Can the trustee of theinsolvency proceeding demonstrate that the defendant is knowing the [UTF-8?]debtor’sinsolvency by demonstrating that the agent is having knowledge of the [UTF-8?]debtor’sinsolvency? The book containts two chapters devoted to the development of theregulation concerning preferences in Italy, in the U.S.A. and in Germany. Inchapter 4 it deals with the cases where payments are mediated through adelegation or an other form of intemediation constitued from the [UTF-8?]debtor’s side.Here the work affirms that the demonstration of the harm to creditors has to beperformed differently than in tort law. The work contests also the judiciarywhich overlaps the issue of demonstrating the harm to creditors with theproblem concerning the attribuition to the debtor of the payment performed bythe agent. In chapter 5 the book deals with assigments. Here it puts forwardthe thesis that, if the assignor gives the assignee the warranty that thepayment will be fulfilled (assignment pro-solvendo) and if the assignee is abank or another financial institution, such operation could be regardedfunctionally as a form of intermediation. In fact, the debtor transfers themoney to the assignee and the assignee transfers the money to the assignor,even if such transfers are unlike in consideration, time and ammount.Consequently, if the debtor falls into bankruptcy, the trustee of theinsolvency proceeding can bring the action against the assignor, as it is laiddown by article 6 of the Italian legge 21 february 1991, n. 52. And as it islaid down by article 70 (1) of the reformed insolvency law, which was draftedlater than the author had written his doctoral thesis and published theprovisional edition of the present book."
Lingua originaleItalian
EditoreGiappichelli
ISBN (stampa)88-348-4430-0
Stato di pubblicazionePublished - 2004

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