Waiver of insinuation of liabilities and late re-presentation – Ratio System

by time news

Pursuant to art. 93 LF (now 202 cci) the insinuation question the liabilities must contain the determination of the sum claimed (or of the property which is the object of the restitution-claim), the indication of any right of pre-emption and the exposition of the factual and legal elements forming the basis of the claim.

The peculiarities of the rules for admission to the liabilities create limits and obstacles to the power of change ed amendment of the bill provided for in the ordinary cognition procedure.
In the course of the assessment of the liabilities, in fact, even the competing creditors (and not only the curator) have the right to intervene on the insinuation proposed by others, so much so that the judge delegated to the verification hearing “decides on each application within the limits of the conclusions formulated and having regard to the exceptions … formulated by the other interested parties”.

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