Art. 13 EIR tries to satisfy the conflicting interests of the general body of creditors, relying on the lex fori concursus, and of the recipients of a voidable transaction, invoking the lex contractus. Some Italian precedents, however, avoided the application of Art. 13 EIR, showing a poor understanding of its meaning and scope. Such decisions seem to be a local symptom of more widespread disease, showing that maybe time is ripe for a reconsideration of the solutions offered by Art. 13 EIR.
Avoidance proceedings before the Italian Courts. Avoiding Art. 13 EIR / L. Fumagalli - In: The reform of international insolvency rules at european and national level: papers from the INSOL Academic Forum; Milan Law School. Joint Insolvency Conference, Milan 31 March - 1 April 2011 / [a cura di] R. Parry. - [s.l] : INSOL Europe, 2011. - ISBN 978-0-9558364-9-7. - pp. 137-145 (( convegno The reform of international insolvency rules at European and national level tenutosi a Milano nel 2011.
Avoidance proceedings before the Italian Courts. Avoiding Art. 13 EIR
L. FumagalliPrimo
2011
Abstract
Art. 13 EIR tries to satisfy the conflicting interests of the general body of creditors, relying on the lex fori concursus, and of the recipients of a voidable transaction, invoking the lex contractus. Some Italian precedents, however, avoided the application of Art. 13 EIR, showing a poor understanding of its meaning and scope. Such decisions seem to be a local symptom of more widespread disease, showing that maybe time is ripe for a reconsideration of the solutions offered by Art. 13 EIR.
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