Alcune riflessioni sulla rilevanza del fenomeno circolatorio delle aziende bancarie in crisi. Il favor alienationis e lo speciale regime di responsabilità del cessionario (e dell’ente-ponte) nei confronti dei creditori della banca cedente

The aim of this article is to investigate issues related to the liability regime for previous debts applicable to the assignee of a bank subject to resolution or to an ordinary insolvency procedure. The articles 2558, 2559 and 2560 c.c. and the art. 58 t.u.b. define exhaustively if and to what extent the transferee takes over the active and passive positions relating to the “in bonis” company sold. In the face of such a consolidated regulatory framework, the legislator has dedicated a very peculiar discipline to the succession of bridge entities in relations with third parties of the liquidation banks. Well aware of the difficulty of enunciating generally valid criteria, the intent of this work is to enumerate some rules or general guidelines in the light of the resounding cases of bank bail out, of which the echo is still felt, which involved several institutions Italian. If the general intent conveyed by such a discipline (that is to say "protective" or "exonerative" of the purchaser) is certain, the actual extent of the subtraction established by the legislation in question appears to be less obvious.