Francesco Campione | Università degli Studi di Padova (original) (raw)

Francesco Campione

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Papers by Francesco Campione

EnglishThe article deals with the issue of the revocatory action exercised by the bankruptcy trus... more EnglishThe article deals with the issue of the revocatory action exercised by the bankruptcy trustee against other insolvency proceedings. First of all, the author gives an account of the recent sentence of the united sections of the Court of Cassation, n. 30416/2018, which, relying on the principle of the c.d. crystallization of the passive mass, has excluded the admissibility of the revocatory action against other bankruptcy by the curator. In the second place, placing itself on the contrary with respect to the approach of the United Sections, it proposes an argument aimed at demonstrating that, on the contrary, the revocatory action proposed by the curator against other bankruptcy must be considered admissible, since it is an action but constitutive but with a title prior to declaration of bankruptcy of the agreed procedure and with retroactive effect at the time of the provision. Finally, he deals with the problem, indeed overlooked by the Cassation, concerning the procedural fo...

In this work, the Author reconstructs and analyzes the institutional practice of perizia contratt... more In this work, the Author reconstructs and analyzes the institutional practice of perizia contrattuale. It can be called also expert determination, and It consists in a mechanism through which two subjects commission one or more third parties with specific technical-scientific skills – so called “periti,” field-experts – to verify a relevant technical matter in a legal relationship or a controversy. The verification is considered binding by the parties involved. The “history” about the phenomenon in question shows that it has been always compared to arbitraggio and arbitration. In short, the work is organized in six chapters. The first chapter begins with a short investigation into the historical context about arbitration and arbitraggio, in particular in the roman and medieval law. In the second chapter, the Author explains the main theories about perizia contrattuale; in this chapter there is also an evaluation about the irregular arbitration and a short investigation into institut...