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

6
2_
2018
Publications
Allowance of claims in bankruptcy subject to reservation: conditional claims and guarantor’s claim enforced after the insolvency adjudication
| | Insolvency and Restructuring

The comment examines the case of the allowance of a claim in bankruptcy subject to reservation from the point of view of its framing within the insolvency rules and focuses on aspects relating to the allowance of conditional claims. In particular, the issue of the allowance of the guarantor’s claim, jointly and severally liable with the bankrupt, which is enforced after the insolvency adjudication, is addressed, and the different directions of case law and doctrine are illustrated.


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13
3_
2017
Publications
The so-called “posthumous withdrawal” under consideration by the Court of Cassation
| | Insolvency and Restructuring

The order of the Court of Cassation comes after a conflict of case law on the substance - recent examples of which are given - concerning the effects of the petitioning creditor’s withdrawal after the adjudication in bankruptcy is pronounced. The Court held that the so-called “posthumous” withdrawal is ineffective, with very concise reasoning that does not reveal the logic behind the decision. The comment offers an interpretation that, while agreeing with the decision of the Court of Cassation, attempts to show that it is a necessary consequence of the effectiveness of the adjudication in bankruptcy.


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