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Negotiated settlement, limits of the bank's prohibition on offsetting claims

The solution adopted by the pronouncements under comment, rendered in the force of law decree 118/2021, poses the problem of combining cogent principles deserving of protection but potentially conflicting with each other, such as, on the one hand, the legislator's favor for the reorganization of the company - and, on the other, the necessary application of the prudential supervisory discipline that, for non-performing loans, requires the bank to take the measures to protect.

NT+ Diritto 09.07.2022161.64 KB
Andrea Maria Azzaro