Revocation action, date on which the claim was initiated and date of the debtor’s deed

 

I ask you whether it is possible to declare a donation ineffective, through an ordinary revocation action, starting from the assumption that the LESION OF THE ASSETS in the event of revocation, must be considered at the moment in which the deed of sale takes place and everything that happens afterwards. does not concern (Cassation sentence 23743, filed November 14, 2011).

In the light of this sentence, the following is specified: AT THE DATE OF DONATION MADE FROM THE DEBTOR TO THE CONJUGER, THE CREDITOR WAS GUARANTEED TO BE POSSESSED OF THE SPECTANT DISPLAYED TO THE DEBTOR, WHICH AT THAT DATE HAD MADE LIQUIDATION FOR MORE THAN 100,000.00 EURO, THAT THE CREDITOR WOULD HAVE TO HOLD TO COMPENSATE ITS CREDITS. THE DEBTOR ALSO IN THE AGE OF DONATION ALSO HAS AN ACCOUNT COINTESTATE WITH THE CONIUGE WITH AN ACTIVATE OF MORE THAN 130,000.00 EURO DEMONSTRABLE FROM THE ACCOUNT EXTRACT.

Given this situation, it is not clear how the donation act had damaged the guarantee of assets, THE CREDITOR, abundantly guaranteed, given that it had the possession of the aforementioned liquidation, and could also seize the money on the joint account. THANK YOU

 

The aforementioned ruling relates to a debtor who had obtained a current account credit on the basis of the assets photographed on the date of assignment.

Subsequently, before withdrawing money, and then before actually benefiting from the contractor, the subject had stripped off the properties he held, alleging, following the revocatory action by the bank, that the onset of the credit had taken place subsequently to the deeds.

The judges concluded that, in the event that the credit arises from an opening of credit or bank credit, it is with reference to the date of the latter that the prior credit must be verified, to no effect that the actual use of sums, or the revocation of the custody, occurred after the fraudulent act.

In any case, here we try to clarify legal aspects related to concrete situations, while it is certainly not our purpose to question the judgments of the Court of Cassation.

 

 

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