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Donation and balance sheet – How can I take action against the debtors debtor?

 

The parents (now deceased) of a debtor of mine constituted years ago a patrimonial fund and at the same time donated him (in a spirit of liberality) to his son and daughter-in-law. Can I proceed against the debtor and for which routes (are in possession of an arbitration award, obtained prior to the establishment of the fund)?

 

The donation of the patrimonial fund to the child causes the limitation of destination on the donated property to cease: the latter does not maintain the protection conferred on him by the patrimonial fund constituted by the parents and, consequently, can be subjected to the lender’s executive action.

In other words, the assets assigned to the assets are donated, but the donations can not be transferred to the destination limits that the assets are involved in.

The debtor should re-establish the assets and confer the received goods as gifts: but, in such a case, within five years from the date of establishment of the fund, an ordinary revocatory action pursuant to Article 2901 of the Italian Civil Code would be possible.

Indeed, there is more: in accordance with the provisions of Law 83/2015 (which introduced Article 2929-bis of the Italian Civil Code), the creditor who sees their reasons jeopardized by an act of transfer of their assets by the debtor, such as the establishment of a capital fund, he can seize the assets transferred to the fund without first having to obtain a revocation sentence from the Court, provided that he has registered the attachment within one year from the date of 

 

 

I would like to know on the basis of which precise rule, the donor of the estate fund should have set up a new fund, on the death of the donor, and what it means “to donate the assets transferred to the estate but can not be transmitted, with the donation, constraints of destination that the patrimonial fund involves.

The donation involves a transfer of ownership and the donated asset is no longer part of the assets.

Article 171 of the Italian Civil Code establishes that the balance sheet ends exercising the protection of assets conferred upon it following the annulment or dissolution or termination of the civil effects of marriage: the legal and destination on the assets transferred to the assets.

In practice, already at the death of one of the spouses 

 

Arrange your debts yourself

Home Selfjerschuldenregelen.nl If you have smaller, starting debts, it is sometimes possible to work out a solution yourself. The Nibud website zelfjeschuldenregelen.nl helps you to determine how much repayment space you have and how you can divide this between the creditors. You make a repayment plan that states exactly which scheme you can propose to which creditor. Sample letters help to turn this plan into action.

Tip : If you are unable to pay an invoice, please contact the relevant authority directly and tell them that you are working on a solution. This prevents bigger problems.

To selfjeschuldenregelen.nl

Debt-free in six steps

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How does the repayment plan work?

Action list zelfjeschuldenregelen.nl Your end result is an action list to solve your debts in a realistic way.
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What else can you do?

Solve faster with your extras

Try to pay the repayments as much as possible in time to avoid extra costs. An annual overview can help. Write down your income and expenses per month and see in which months you have money left.

Try to pay as much as possible or even everything at once. This is possible if you have a few extras a month. For example, you can use your holiday allowance or the end-of-year bonus for the repayment of your debt.

Contact with your creditors

Always respond to a letter. Also from a collection agency or bailiff. This can prevent higher costs. Agree on a feasible payment arrangement that you can actually come to. Otherwise you will lose your credibility with the creditors.