Privilegio fondiario nei confronti del terzo datore di ipoteca dichiarato fallito tra giurisprudenza e nuovo Codice della Crisi di Impresa e dell’Insolvenza

The Court of Naples North defines with rejection the application for suspension of the execution promoted by the bankruptcy of the third mortgage company in relation to an executive procedure initiated by a land creditor. The Bankruptcy claims the illegality of the prosecution pursuant to art. 41 T.U.B. of the enforcement procedure against the third party who has issued a mortgage to guarantee the debts of others, given the non-subjecting of the right of the land creditor to the procedure for verifying the passive status and, consequently, the inevitable lapse of the procedural privilege provided for by the Text Unique.The Execution Judge, embracing the thesis according to which admission to bankruptcy liabilities only conditions the provision of provisional assignment of the proceeds from the sale in the executive seat and not the admissibility of the execution and affirming that the only judge competent to verify the existence of the landed nature of the enforceable title is that invested with the expropriation procedure, rejects the application for suspension.