Accertamento del passivo, crediti di lavoro e pregiudizialità

[Autom. eng. transl.] The study tackles the problem of the ways of cognition of preliminary ruling cases to labor credits in the process of ascertaining bankruptcy liabilities and does so by starting from the critical analysis of the state of the jurisprudential and doctrinal debate. The investigation continues with an in-depth study of the general themes of the object of the liability assessment process, of the centrality in this process of the principle of formal competition and of the opposition to competing creditors of the judicial assessments obtained outside the insolvency framework, enhancing the their qualification as third parties in relation to the claims of others and to the relations or rights to these prejudicial. On the basis of the results achieved, a reconstruction of the system is proposed which seeks to best reconcile the insolvency interests of the mass of creditors with the individual interests of each of them, both inside and outside the judicial liquidation.