Il Curatore “affina le armi”

The paper, prompted by the recent Italian Court of Cassation Joint Branches ruling allowing the Insolvency Administrator to sue for reparation on unfair preference, makes a comparison between the notion of “Action on behalf of the Pool of Assets”, as defined by Jurisprudence, and the conduct standards provided by the draft-law of the «Enabling Act on the Reform of Corporate Distress and Insolvency Law» as approved by the Italian Chamber of Deputies on February 1st, 2017.