In our judicial system debt subordination looks like a varied phenomenon and, also if it finds his origins in subordination agreements, through his legal evolution it has known casa of application caused by legal and judicial sources. However, the analysis of different cases of debt subordination suggests to prove the accuracy of actual theory which denies the existence of an unitary type. Indeed, looking into this more deeply we can realize that the main purpose of debt subordination is to satisfy one or more creditors before junior. In other words, the subordination is immediately effective. This characteristic, described by US doctrine, is confirmed by Italian law. At the same time, also legal subordination, ruled by art. 2467 c.c., produces the aforesaid typical effect of debt subordination.
|Titolo:||La postergazione del credito|
|Altri titoli:||Debt subordination|
|Data di pubblicazione:||25-set-2015|
|Appare nelle tipologie:||8.2 Tesi di dottorato (Ex-ROAD)|