L'equilibrio patrimoniale nelle società di capitali: dalla sottocapitalizzazione alla sottopatrimonializzazione

This dissertation examines the issue of capital adequacy in companies with limited liability in light of the evolution of the legal capital system, starting from an analysis of the possible functions of legal capital and ultimately addressing adequate organzation from a capital perspective. The study shows that the progressive downsizing of the preventive functions of nominal capital and minimum capital has not removed the need for adequate safeguards, including for the protection of creditors, but has instead shifted attention to the overall amount of equity and to adequate capital structures. Through a historical, systematic, and comparative analysis, the dissertation explores the relationship between legal capital, net assets, financial leverage, corporate crisis, and limited liability, highlighting the role of the Insolvency Code and Article 2086, paragraph 2, of the Italian Civil Code.