L’acquisizione alla massa fallimentare delle somme corrisposte dall’assicuratore all’assicurato-fallito: una antica e controversa questione

Corrias, Paoloefisio

2023-01-01

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Abstract

The essay examines the regime of the sums paid, on the basis of a life insurance contract, by the insurer to the insured against whom judicial liquidation has been declared, with specific regard to the hypothesis in which the insured has exercised the right of ransom in advance. The investigation dwells both on the foundation of the exemption from attachment of the sums referred to in art. 1923, paragraph 1, of the civil code, as regards the relationship between the first and second paragraph of this provision, finally paying attention to the case in which the policy stipulated by the insured-debtor has a financial nature.