Il nuovo Codice della crisi d’impresa e dell’insolvenza: la continuità aziendale tra legislazione europea e nazionale

Abstract

The article, in its first section, traces the main stages in the standardization and harmonization process of the restructuring and insolvency law, which, analogous to other relevant sectors of Economics Law, has begun and has undoubtedly been influenced by the U.S.A. model, specifically represented in this sector by the Bankruptcy Code, and has since involved International, European, and now, somewhat delayed with respect to other European States, the Italian legal systems. The second section covers in more detail the going concern value, a concept proper to Corporate Economic Sciences, and now an integral part of the world of Law and an objective of legislative policies that, on a global level, guide the standardization and harmonization process. And in the third and final section, the article highlights some of the aims being pursued, some of the most significant aspects as well as some of the incoherences of the new Italian Code on restructuring and insolvency rules and procedures.