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Soluzioni concordate delle crisi di impresa e autonomia privata

Giuseppe jr. Ferri    Università di Roma Tor Vergata    



In this conference paper, the author reviews the main rationales and goals of insolvency proceedings and broadly compares insolvency proceedings to contractual private ordering of insolvency. The author stresses how the position of unsecured creditors in insolvency proceedings tends to be protected only in a collective way, through procedural rules that allow to deviate from absolute priority rule, whereas contractual solutions of distressed firms are the domain of contract, with some variations (mainly, the oversight of the court) due to the multiple interests involved in situations in which these contracts are entered into.

Dec. 30, 2015
Copyright: © 2015 Giuseppe jr. Ferri. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.