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The insolvency administrator is responsible for carrying out his duties with the required and commensurate diligence in line with the nature of the task assigned to him

Civil Supreme Court, section I, 02 July 2020, no. 13597. Pres. Dido. Est. Paola Vella

date: 31.07.2020
Area: Financial Distress and Debt Restructuring

 

Article 38 of the Bankruptcy Law provides that the insolvency administrator is responsible for carrying out his official duties with the required and commensurate diligence in line with the nature of the task assigned to him. According to the Supreme Court, therefore, Article 38 of the Bankruptcy Law must be interpreted in the sense that the level of attention and prudence expected from the receiver is not the average one, but rather the diligence related to the expertise required by the professional assignment, according to specific technical parameters, albeit with the consequent right to use the limitation of liability provided for by Article 2236 of the Italian Civil Code, in the face of particularly difficult technical problems.

The insolvency administrator is responsible for carrying out his duties with the required and commensurate diligence in line with the nature of the task assigned to him

Civil Supreme Court, section I, 02 July 2020, no. 13597. Pres. Dido. Est. Paola Vella

Article 38 of the Bankruptcy Law provides that the insolvency administrator is responsible for carrying out his official duties with the required and commensurate diligence in line with the nature of the task assigned to him. According to the Supreme Court, therefore, Article 38 of the Bankruptcy Law must be interpreted in the sense that the level of attention and prudence expected from the receiver is not the average one, but rather the diligence related to the expertise required by the professional assignment, according to specific technical parameters, albeit with the consequent right to use the limitation of liability provided for by Article 2236 of the Italian Civil Code, in the face of particularly difficult technical problems.