Bankruptcy, Revocation Action, Proof of Scientia decoctionis, Court of Cassation, VI Civ. Section, Order n. 4794 of 01/03/2018

The proof of the scientia decoctionis of the accipiens is obtainable:

a) from the no more regular methods of payments, referring to amounts not corresponding to invoices, which have expired, and from the prohibition on the acceptance of postdated payments by drivers of the creditor company;

b) the existence of an excess of indebtedness to suppliers, even before the meeting of creditors, and the use of blank checks, collected more than one month after their shipment;

c) the continuity of the relations between the parties, being a regular supplier of the bankrupt and being operative in the same territorial area.

Recall (Court of Cassation Section U, Decision No. 8053 of 2014), considering that the requirements of gravity, accuracy and concordance of facts integrating evidence by presumption, must be obtained in relation to the set of indications, therefore subject to a global assessment, not already carried out in an atomistic way, with a singular reference to each of these (Section 3, Judgment No. 12002 of 2017).

Source Supreme Court of Cassation