The regulation of the Leasing Contract in the Spanish Ley Concursal (Bankrupcy Law) and the Italian Legge Fallimentare

Abstract

Due to the complexity deriving from the leasing contract within bankruptcy legislation in recent years, an analysis of the said contract is carried out in the Spanish Ley Concursal (bankruptcy law) and the Italian Legge Fallimentate. Firstly, the contract of leasing in Spanish bankruptcy law is analysed, giving detailed consideration to the different interpretations it has been given in numerous sentences by the judges of the commercial courts, particularly in connection with payments whose due date is later than the date of filing for bankruptcy. Secondly, in the study of Italian bankruptcy law, the legislation of the leasing contract is first examined prior to the 2006 Legge Fallimentate reform and finally the situation is analysed in the light of the current legislation.