L’escussione stragiudiziale accelerata delle garanzie reali nella proposta di Direttiva sui crediti deteriorati (NPL)

Abstract

The Proposal for a Directive of the European Parliament and of the Council on credit servicers, credit purchasers and the recovery of collateral aims to reach the goal of improving the secondary market of Non Performing Loans also through a Non-judicial Enforcement that should consent creditors to enforce collaterals faster than pursuing judicial remedies. The Paper discusses this desired objective highlighting how it lacks of attention for third party creditors and how it seems still leaving room for a judicial intervention to ensure their rights.