Cessione dei crediti in garanzia e funzione solutoria nel finanziamento bancario alle imprese: una perdita di coerenza tipologica

The paper analyses, in the context of bank finance, how a credit assignment as a security works, from a particular point of view. Bank accounts contracts often foresee provisions in order to ensure a general set-off of payment obligations rising from different titles. This leads to the fact that creditor may immediately calculate the sum after calling on the guarantee and makes a different meaning to the operation, as a payment, both in the taxonomy of concepts and also in the bankruptcy perspective of complying to mandatory rules such as par condicio creditorum.