Un privilegio in cerca di oggetto: l’art. 2758, comma 2, c.c. nel concordato preventivo

The Supreme Court case law shows that the field of application of article 2758, second paragraph, of the Italian Civil code is disputed when referred to composition with creditors. Nonetheless the approach more consistent with the law imposes to assume that the debt could be considered privileged on the sole condition that the goods to which the above mentioned norm relates are in the debtor’s assets