The ex officio cancellation of a company from the companies register for failure to file the liquidation balance sheet, when followed by procedural conduct aimed at claiming the debt, does not constitute a presumption of waiver of the debt itself for the purposes of assessing the standing of successor partners to act in arbitral proceedings.
The service of a demand for payment, even if based on a payment order subsequently revoked, constitutes an unequivocal manifestation of the credit claim incompatible with the intention to waive the debt, relevant for the purposes of assessing the succession of partners in the substantive relationships of the dissolved company in arbitral proceedings.