WE FOCUS ON THEMES OF INTEREST TO EXAMINE ALL OF THEIR FACETS

A thorough analysis of economic phenomena and of the main juridical changes enables us to best respond to the varied needs of our clients.

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2015
News
Defects of leased assets

With decision no. 19785/2015, filed on 5th October 2015, the Joint Sections of the Supreme Court (L.A. Rovelli Presiding –A. Spirito Reporting Judge) issued their judgement on the matter of financial leases, addressing the issue of the remedies the user may invoke in cases of defects of the leased asset.


12
11_
2015
News
Preliminary sale agreement and bankruptcy

With their decision no. 18131/2015, filed on 16 September 2015 (L. A. Rovelli presiding - R. Vivaldi reporting judge), the Joint Sections of the Supreme Court affirmed that the receiver of the promissory seller may not exercise the right to terminate the preliminary agreement under Article 72 of the Italian Bankruptcy Law with respect to the promissory buyer, if the latter transcribed, before the declaration of bankruptcy, the petition for performance in specific form proposed in accordance with Article 2932 of the Italian Civil Code and said petition was granted with a decision which in turn was transcribed.


12
11_
2015
News
Corporate groups in arrangement with creditors procedure is non-actionable.

With its decision no. 20559/2015, filed on 13 October 2015 (A. Ceccherini Presiding – L. Nazzicone Reporting Judge), the Supreme Court, 1st Civil Section, declared that a so-called corporate groups in arrangement with creditors procedure was non-actionable before the same court, in the absence of positive laws and regulations covering the phenomenon and governing its jurisdiction, the forms of complaints, the appointment of the bodies and the formation of the classes and of the volumes of assets and liabilities; indeed, according to current laws and regulations, a composition with creditors may be proposed solely by each of the companies belonging to the group before the court having local jurisdiction for each individual procedure, without possibility of confusion between assets and liabilities.


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