La legge applicabile alla revocatoria fallimentare nel Regolamento (CE) nº 1346/2000

Abstract

On the Subject of Acts Detrimental to Creditors, the EC Regulation on Insolvency Proceedings lays down a coordination between the Lex Concursus and the Law applicable to such Acts. This Coordination aims to Balance the Protection of Creditors with that of Third parties who have Rights based on a Law different from the Lex Concursus and who have expectations on the Validity and Effectiveness of such Rights. This happens specially when the Liquidator brings an Action to set aside the Acts by which those Rights were established. The aforesaid Balance is achieved through a System that gives Third parties the opportunity, in the compliance with a procedural Burden, to resist by virtue of the Lex Concursus or the Law applicable to Act even using Insolvency Rules of that Law.