Il Notaio Coltraro Giambattista si occupò della redazione della seguente pubblicazione: Aspetti Problematici dei mutui bancari nelle procedure esecutive e concorsuali in rapporto alla stabilità degli acquisti coattivi.

Ecco il sommario della pubblicazione redatta dal Notaio Coltraro:

Sezione 1. Profili sostanziali.

  1. Introduzione.
  2. La questione nascente dall’art. 586 cod. proc. civ.
  3. L’assunzione del debito ipotecario da parte dell’aggiudicatario ex art. 508 cod. proc. civ.
  4. Il ricorso al mutuo ipotecario nelle aste giudiziarie: la questione dell’ipoteca concessa dall’aggiudicatario definitivo.
  5. La costituzione d’ipoteca successiva al decreto di trasferimento.

Sezione 2. Profili processuali.

  1. Introduzione: l’aggiudicazione del bene quale atto procedimentale e l’analisi delle ipotesi di impugnabilità.
  2. Il finanziamento bancario in riferimento alla problematica della prorogabilità del termine di versamento del prezzo di aggiudicazione.
  3. Il decreto di trasferimento in rapporto ai limiti di esercizio del potere di revoca.
  4. I margini di impugnabilità del decreto di trasferimento.

Il presente contributo è destinato ad approfondire alcune questioni concernenti i finanziamenti bancari nell’ambito delle vendite coattive derivanti da procedure esecutive individuali o concorsuali, ove le stesse vengano effettuate dal giudice delegato in forza del nuovo disposto dell’art. 107 legge fallim. Anche in queste ultime, infatti, ai sensi del detto art. 107 legge fallim., il curatore può prevedere nel programma di liquidazione, che le vendite dei beni mobili, immobili, e mobili registrati vengano effettuate dal giudice delegato secondo le disposizioni del codice di procedura civile in quanto compatibili.

La dottrina ante-riforma tendeva ad equilibrare il rapporto tra vendite fallimentari e ordinamento processuale, sottolineando la compatibilità tra gli effetti civili della vendita coattiva, così come disciplinati dagli artt. 2919-2929 cod. civ., e la vendita nelle procedure concorsuali. Certamente, sulla base di quanto dispone l’art. 107 della nuova legge fallim., le vendite e gli altri atti di liquidazione, posti in essere in esecuzione del programma di liquidazione, dovranno essere effettuati dal curatore tramite “procedure competitive” anche avvalendosi di soggetti specializzati. Non può revocarsi in dubbio, comunque, che all’interno delle dette procedure competitive rientrino di pieno diritto la vendita con incanto e vendita senza incanto, tipici strumenti delle procedure esecutive individuali. Al contrario, nell’ambito delle procedure concorsuali, il legislatore piuttosto che limitare le varie modalità di alienazione dell’attivo fallimentare si è voluto spingere più in là, ampliando lo scenario dei mezzi liquidativi.

Il Notaio Coltaro mette a disposizione di tutti i lettori la possibilità di  consultare e scaricare la pubblicazione completa.

mutui bancari


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