The paper analyses the norms on over-indebtedness (d.lgs. n. 14/2019), focusing on the means provided for the debtor to fully free himself from debts. In the new regulation, the achievement of the complete discharge of debts is strongly influenced by the behaviour of the debtor and the creditors both at the time of occurrence of the mandatory relationship and in the debts management process. One of the most relevant news is the reduction in the creditor’s rights who has negligently caused over-indebtedness of the debtor. With regard to the consumer’s over-indebtedness, it should be noted that the creditor protection in this case does not correspond to a rigid and predetermined model, but on the contrary it depends on the overall balance of the interests at stake to be carried out time by time in respect of the peculiarities of the specific case.
Esdebitazione e regole di comportamento
francesco rende
2021-01-01
Abstract
The paper analyses the norms on over-indebtedness (d.lgs. n. 14/2019), focusing on the means provided for the debtor to fully free himself from debts. In the new regulation, the achievement of the complete discharge of debts is strongly influenced by the behaviour of the debtor and the creditors both at the time of occurrence of the mandatory relationship and in the debts management process. One of the most relevant news is the reduction in the creditor’s rights who has negligently caused over-indebtedness of the debtor. With regard to the consumer’s over-indebtedness, it should be noted that the creditor protection in this case does not correspond to a rigid and predetermined model, but on the contrary it depends on the overall balance of the interests at stake to be carried out time by time in respect of the peculiarities of the specific case.Pubblicazioni consigliate
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