L’estinzione delle società: la portata dell’art. 2495 c.c. e i risvolti processuali della cancellazione dal registro delle imprese
The issue of the effects of the dissolution of companies on contractual relationships, credits and debts, pending litigation, and property still held in the name of the dissolved company, is far from being settled under Italian law. Statutory law only regulates the matter of debts, stating that shareholders remain liable for the debts of the company up to the amount they received as a distribution. This short conference paper briefly reviews the state of precedents, and offers a point of view on the issue, especially with regard to the effects on pending litigation, summarizing a more complete work by the author. The author suggests that, when a company is stricken off the register during litigation, the counterpart should have the option either to have it restored to the register (thus allowing litigation to continue) or to pursue the shareholders as successors in the company’s position.