La posizione del creditore garantito con ipoteca su bene di proprietà di un terzo: il concordato del debitore

[Autom. eng. transl.] The foreign doctrine, differently from the Italian one, treating the mortgage, takes into greater consideration the dissociation, rather than the coincidence, between debtor (passive subject of the guaranteed relationship) and owner of the mortgaged property (passive subject of the mortgage relationship). Once the validity of the foreign arrangement has been highlighted, A. addresses the issue of the effects of the debtor's arrangement on the position of the secured creditor with a mortgage registered on an asset belonging to a third party. The investigation is aimed at a critical examination of doctrine and jurisprudence on the subject.