Note critiche sulla «gestione dell’impresa» nel nuovo art. 2086 c.c. (con una postilla sul ruolo dei soci)

Is it possible to build a sensible regulation of Business Enterprises starting from the viewpoint of their financial crisis? The answer is obviously no. Nevertheless, the Italian Reform of the Law of Insolvency is based on the idea that the main responsibility of businesspersons is to avoid corporate failure by implementing a set of early alarm tools. Such ill-conceived idea will raise entrepreneurial costs without meaningful benefits.