La situazione dei titolari di garanzie reali nel fallimento

[Autom. eng. transl.] The subject of the report is the situation of the holders of collateral in the bankruptcy, that is those persons who, while enjoying real guarantees on assets included in the bankruptcy estate, however do not have any credit right against the bankrupt because the guarantee is ancillary to the credit towards a different subject. These are subjects who are in a different situation than creditors with a real guarantee on the bankrupt's assets, who do not have in themselves greater executive powers than those that unsecured creditors have: only the pre-emption in the distribution phase differentiates their position compared to that of other creditors. To the mere holder of a real guarantee is certainly applicable, according to the jurisprudence and the doctrine, the art. 51 l. fall .: this is the starting point of the investigation that the A. conducts in order to clarify the procedural tools available to the holder of collateral in order to assert its claims in the event of bankruptcy of the owner of the asset covered by the guarantee.