L’azione revocatoria pauliana e la rinuncia a ricapitalizzare la società (a responsabilità limitata) a favore di una figlia

In a particular case, in which a father had renounced to subscribe to the reconstitution of the capital of a limited liability company, which owned valuable property, and his daughter had subscribed to the capital increase n his place, the Tribunal of Turin found that the substance was that of a transfer of ownership of thecompany’s capital. It also considered that the transactionwasin fraud to the father’s creditorsand upheld the creditors’ request for ordinary revocation. However,the decision contradicts a precedent of the Court of Cassation and does not resolve some particularly difficult issues that oppose the application of the Paulian action.