La revocatoria giudiziale del pegno sul saldo del conto corrente bancario

Abstract

The paper addresses the avoidability under Section 166 of the Italian Corporate Crisis and Insolvency Code (before Section 67 of the Italian Bankruptcy Act) of a pledge over bank account balance. This issue is examined, firstly, analysing the bank account agreement, to identify the object of the guarantee. Secondly, defining the legal nature of the pledge over bank account balance, to assess the necessary conditions required for the avoidability under Section 166 of the Italian Corporate Crisis and Insolvency Code. Lastly, comparing the results of the above-mentioned analyses with the Italian Legislative Decree No. 170/2004, which could represent the chance to overcome the conditions requested by the Section 166 of the Italian Corporate Crisis and Insolvency Code, allowing the pledgee to satisfy his claim against the pledgor without being subjected to the insolvency procedure.