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...
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