The liability action pursuant to Article 146 of the Bankruptcy Law includes both actions pursuant to Articles 2393 and 2394 of the Italian Civil Code
date: 14.05.2020
Area: Corporate, M&A
The liability action brought by the receiver pursuant to Article 146 of the Bankruptcy Law includes both actions pursuant to Articles 2393 and 2394 of the Italian Civil Code in favour of the company and the company’s creditors, respectively. According to the Supreme Court, the liability action assumes an inseparable content and an autonomous connotation, aimed at reintegrating the company’s assets as a whole and, at the same time, implies a change in the active legitimacy, but not in the legal nature and assumptions of the two actions which, therefore, remain unchanged. Consequently, failure to specify the title in the legal claim does not imply its nullity but suggests that the legislator wanted to proceed with both actions together.
The liability action pursuant to Article 146 of the Bankruptcy Law includes both actions pursuant to Articles 2393 and 2394 of the Italian Civil Code
date: 14.05.2020
Area: Corporate, M&A
The liability action brought by the receiver pursuant to Article 146 of the Bankruptcy Law includes both actions pursuant to Articles 2393 and 2394 of the Italian Civil Code in favour of the company and the company’s creditors, respectively. According to the Supreme Court, the liability action assumes an inseparable content and an autonomous connotation, aimed at reintegrating the company’s assets as a whole and, at the same time, implies a change in the active legitimacy, but not in the legal nature and assumptions of the two actions which, therefore, remain unchanged. Consequently, failure to specify the title in the legal claim does not imply its nullity but suggests that the legislator wanted to proceed with both actions together.