Cessione del diritto di credito e domanda revocatoria del pagamento verso la banca cessionaria

Abstract

The evidence of the disposals to the Bank of credit's rights boasted from the trusted society towards third parties is integrated not from the scriptures where it is rendered manifest the will of one to give and the will of other to accept the credits lines in the same scriptures indicated, having been so precisely planned the concession of the credits lines with the limit of them, but from more scriptures where is manifest  the will of the transferor to undertake credit transfer and identified the invoices which they correspond the credits rights done thing of tranfers, forming such writings the shops wherewith result so accomplished the credits transfers and the instrument with wich it was given execution to concession contracts of credits lines. In the event that after the deposit of  preventive agreement question from the transferor  will not be solved the relationship of Bank custody and the contracts in progress of execution continued  to have execution, never resulting has been asked from transferor  the authorization provided for from the provisions of art. 169 bis 1. fall. to dissolve the same contravts, the execution must necessarily continue according the discipline Established for the contracts entered into, so causing the decrease of passive balances evidenced by the current account of the transferor of the sums subject to credit's rights given to the Bank and from It levieds with the consequence that,  because the contracts continued to have progress, the soms subject of credit's rights tranfered whose the grant of which has happened in favor of the transferor and not in favor of the transferee must be returned to the last one.The credit's rights arising out of the concessionaire after the occurred collection from the transferor of the soms subject of credit's rightss from the last one tranfered it's subtracted from falcidia to wich are being subjected the credit's rights of nature unsecured  by the effect  of the preventive agreement proposed by the debtor; in fact the credit's right was generated in charge of the bank aftet the continuation of the contracts in progress stipulated between the parties, however with differents modes from the discipline for them agreed, having been precisely collected from the trasferor the soms subject of credit's rights of which it had been transfered the transfer to the Bank to bring the same sums in the decline of negative balances highlighted to debt of  the transferor, so it must the that same right of credit precisely being satisfed in full.

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