Credito su pegno ed esenzione da revocatoria fallimentare: lacune e un “blunder” della recente normativa sul sovraindebitamento 

The credito su pegno, or the Italian pawn agreement, a contract still basking in its own original framework of the Thirties of the last century and lying “aloof” withing the Italian legal system, has been recently revamped courtesy of some pieces of scholarly works. Based on this legal background, the paper places emphasis on potential inconsistencies between such a contract, the credito su stima (to put it in a more modern Italian legal jargon), its underpinning philosophy, and on the other hand the “body of law” of the over-indebtedness. The outcome of this perusal is the discovery of the existence of a potential blunder made by the Italian legislature in the latest version of the – already caliginous – concept of over-indebtedness. Ultimately, the legislation on the over-indebtedness in its latest version may drive a coach and horses through the same fundamental, and entrenched, principles of the pawn agreement in Italy. A mistake to be sorted out soon, rather than later.