Acceso usuarios
Fabrizio Di Marzio
1. Premessa. – 2. Il diritto dell’insolvenza nel pensiero dei privatisti. – 3. Autonomia privata e diritto dell’insolvenza. – 4. Diritto privato speciale. – 5. Il diritto negoziale dell’insolvenza. – 6. Influenze sul diritto dei contratti. – 7. L’autotutela e i contratti in esecuzione. – 8. Operazione economica di ristrutturazione. – 9. Tradizione e innovazione.
The publication of the business crisis and insolvency code has brought about a significant evolution of insolvency law in Italy. Traditionally, that law was concentrated and exhausted in insolvency procedures structured according to the general idea of bankruptcy and therefore in a predominantly liquidation perspective. In the Code, alongside the traditional law, the law of restructuring is extensively dealt with. This different law favours the overcoming of business crises and the preservation of productive realities. The figures of contract, resolution and company law assume great importance. The nature of liquidation law is essentially procedural, whereas the nature of restructuring law is primarily substantive. In order to properly understand and study restructuring law, aspects of civil law and commercial law are to be deepened. Despite the relative lack of interest of civil and accountant scholars for a subject conceived as procedural, some authors have long devoted themselves to the study of the old bankruptcy law and subsequently the new business crisis law. Enrico Gabrielli is one of these. The essay examines Gabrielli’s work on some fundamental aspects of insolvency law. It also presents general considerations on the structure and function of the new restructuring law, pointing out the need for a collective theoretical effort to understand the new law.
