L'ESDEBITAZIONE

After more than 60 years from the emanation of Regal Decree 267 in bankrupt and concorsuale matter, it is joints to a total riscrittura of the procedures, ancorchè happened not organic but in more stages. The scene appears much modified, or in the obbiettivi that are wanted now to be pursued or in the foundations of access to the procedure. On the European push and perhaps also for a necessity of harmonization and adaptation to the other European orderings, they have been inserted institutes, which the esdebitaione, and have been brought modifications, to the matter as an example of the agreed ones, have been regulated the stragiudiziali agreements has been rewritten revocatory the bankrupt one. The scope is to align our Country to the other European States. Leaving from these first considerations the astonishment provoked between the operating ones of this field from the “intentional innovations” from the Legislator of the Reform is comprised. If from a part the agreed estimate has assumed the role of procedure for excellence, having previewed the varied content more, from the other the wide space left to the private one in the resolution of the crisis and the introduction of the esdebitazione with the characteristics of which I will more ahead say, has made yes that they turn out encouraged the solutions agreed of the crisis and the insolvency, neglecting the failure to only eventual procedure that involves between the many its risks, also that one, for the creditors, not to be able at the close to demand of the procedure the credits not satisfied. Not only but the benefit of the esdebitazione recognized to the entrepreneur, honest but ill-fated, seems to want to stimulate the emersione of the crisis of the enterprise in a moment in which it is still not known outside.