LE PRETESE DEI TERZI NEI CONFRONTI DELLA LIQUIDAZIONE GIUDIZIALE. STUDIO SULLA RISOLUZIONE DEL CONFLITTO TRA I TERZI PRETENDENTI E LA PROCEDURA.

This study aims to assess whether a party to a title-transfer contract (contratto ad effetti reali) may bring or continue an action to challenge the contract after judicial liquidation proceedings have been opened against the other party. The analysis takes as its starting point the prevailing position in case law and legal scholarship, according to which the claim challenging the contract must have been filed — and, in the case of immovable property or registered movable property, recorded in the land registry — prior to the opening of judicial liquidation, on the ground that a claim brought thereafter would conflict with the principle set forth in Article 145 of the Italian Code of Business Crisis and Insolvency (Codice della Crisi d'Impresa e dell'Insolvenza, CCII). This study therefore sets out to examine whether the rules governing conflicts between third parties and insolvency creditors are rooted in principles and rules peculiar to insolvency and restructuring law, or whether they are instead governed by general provisions of ordinary civil law.