Tipologia dei saldi bancari e revocatoria fallimentare delle rimesse in conto corrente

Translated title of the contribution: [Autom. eng. transl.] Type of bank balances and bankruptcy revocation of remittances to current accounts

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] Summary: Distinction of bank balances and importance of the choice of the one applicable for the purposes of bankruptcy revocations of current account remittances. Ambiguity of the motivation of the judgment of the Court of Cassation and criticism of its possible reconstructions. The actual area of relevance of the problem. Difficulty in ascertaining the moment from which the amount of the check paid is available for the customer. The proposals of jurisprudence and doctrine; critical. The amphibology of the concept of availability in banking practice. The various meanings in which the expression is used. The "immediate availability". Its credit rating based on the current NUB formulation and irrelevance for the purpose of bankruptcy revocation. The gap between the uniform contracts and the actual practice followed by the credit companies. The "contractual availability" and the "flat rate". Irrelevance for the judgment of coverage of the account for the purposes of the bankruptcy revocation. Account coverage and collection of the amount of checks paid. Presumption of collection based on registrations by currency and proof of the date of actual collection in relation to the various banking procedures that can be used. Conclusions
Translated title of the contribution[Autom. eng. transl.] Type of bank balances and bankruptcy revocation of remittances to current accounts
Original languageItalian
Pages (from-to)328-344
Number of pages17
JournalBANCA BORSA E TITOLI DI CREDITO
Publication statusPublished - 1991

Keywords

  • revocatoria
  • rimesse
  • saldi bancari

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