La revocabilità della transazione ex art. 166 c.c.i.i.

Abstract

The decision of the Court of Palermo that is being annotated provides an opportunity to address the issue of the avoidability under Section 166 of the Italian Corporate Crisis and Insolvency Code (before Section 67 of the Italian Bankruptcy Act) of the settlement. This is a controversial issue that will be addressed, firstly, by tracing the opposing theses that have followed one another over the years and that, with different arguments, have at times admitted, at other times denied, the admissibility of such action. Secondly, the problem of the criteria available to the judge to assess the actual harmfulness of the settlement of creditors’ claims will be addressed: here, too, the various solutions that have been used by case law over time will be recalled, leading to the approach followed by the decision of the Court of Palermo in comment.