Chiara Abatangelo

A New Kind Of Collateral in the So-Called «Banking Decree» (n. 59/2016)

  • Abstract

Informations and abstract

Keywords: Collateral; Non-Possessory Security Rights; Banking Decree N. 59/2016; «Marcian Pact».

In this essay the Author analyses the provisions of the so called «Banking Decree» n. 59/2016 concerning the «non-possessory security right». The paper assesses the main characters of this legal entity, showing first of all its impact on the Italian security rights system. Moreover, the paper emphasizes the connection between these provisions and others that have deeply changed the legal framework over the last years. Considering the differences between this security right on movables and the traditional one, regulated in the Italian Civil Code (art. 2784 ss. c.c.), the Author concludes that it is reductive to focus only on the non-possessory character instead on other features, which actually make this legal mechanism a new kind of collateral.

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