La legittimazione del creditore tardivo all’impugnazione

DI EMANUELE PASQUALE SCIGLIANO

 ABSTRACT – The present contribution aims to investigate the legitimacy of the appeal against the provision of admission to the liabilities as well as the interest in appealing to the creditor who has proposed a late request for insinuation, in the light of the sentence of 27 december 2021 n. 41511 of the Court of Cassation. The question under examination will lead to the conclusion that the interest in challenging the timely credits of the person who has submitted a late application for admission to the passive state arises from the moment the application is submitted and remains until the challenger sees definitively ascertained the non-existence of his right to participate in the competition, except in the hypothesis that the disputed credit is not definitively satisfied in the allotment before the late application is examined. 

KEYWORDS – commercial law – credit appeal – Supreme Court – belated question – civil procedure – admission to liability 

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