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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