La restituzione dei beni: conseguenza implicita della pronuncia di inefficacia

[Machine translation] The judgment addresses the technical issue of significant practical interest concerning the way in which the curators' lawyer must formulate conclusions when promoting an ineffectual action pursuant to art. 44 l. bankruptcy. (or bankruptcy revocation pursuant to art. 67 l. bankruptcy). The principle of law summarized in the maximum is reassuring for lawyers, who, however, are prudently advised to explain only in the subordinate way, that is, in the event that it is impossible, materially or legally, to return in kind, the request for a sentence to return the monetary equivalent. Both of these claims, in fact, although they can be considered included in the main question, are not equivalent, even if the transition from one to the other should not involve mutatio libelli and their ex officio redevelopment should not run into the defect of overpetition.