Abstract

The main issue discussed in the article is the exclusion from the bankruptcy estate of a movable assets which has been assigned by the bankrupt debtor as a security for debt and to which the creditor is entitled for the sale of machinery to the debtor. With a view of the facts of the case used as an example for the discussion it has been necessary to outline the legal institution of the condition (Art. 89–94 of the Civil Code) and the terms for satisfying the claim collateralised by the transfer of ownership, which in the doctrine is called cavendi causa.