La conservazione del patrimonio aziendale come obbiettivo del Legislatore: oneri e doveri dei soggetti coinvolti nell'impresa

1034/5000 The study examines some of the rules of the commercial law system which, although placed in different sectors of the same (respectively that of the business crisis, on the one hand, and that dedicated to the regulation of joint-stock companies, on the other) all appear to express the objective of favoring the continued use of the assets of the subjects carrying out business activities in the exercise of the aforesaid activity and discouraging, correlatively, the diversion of active elements from this to allow the satisfaction of the interests of third parties (in particular the creditors of entrepreneur) or the same subjects who, through their investment, have made possible the existence of the company (the shareholders of the company and, in particular, the so-called "reference" ones). In carrying out the study it will be highlighted how the Legislator pursues this aforementioned objective by balancing the protection of the legal positions of the subjects involved in various capacities in the business activity with the implementation of the same.