Compendium of Business Crisis and Insolvency 2025

The volume is part of the “I Compendi d'Autore” series, conceived and structured specifically for all those who are preparing for oral exams and tests for the main public competitions .

The work is the result of a happy combination of the characteristic aspects, on the one hand, of the traditional manualistic treatment , of which it retains the structure and the essential notional approach, and, on the other, of the more modern "compendium" treatment , of which it adopts the capacity for synthesis and the schematic nature in the analysis of legal institutions. At the same time, care has been taken to avoid both the excessive theoretical and dogmatic burden of classical manualistic treatment, counterproductive for those who must understand and memorize "quickly", and the extreme synthesis of the old compendium models, often "enemy" of an easy and clear understanding of the issues discussed and almost always the cause of gaps in preparation.

The result is a “third generation” model of texts for exam preparation , inevitably destined to prevail in the future scenario of study training, in which the imperative is to possess all the necessary and sufficient knowledge to brilliantly achieve the final objective.

The volume dedicated to the Law of Business Crisis, Insolvency and Bankruptcy represents a fundamental tool for orienting oneself in the new legislative landscape, characterized by the entry into force of the Code of Business Crisis and Insolvency, Legislative Decree 12 January 2019, n. 14 , in the text largely modified by Legislative Decree 83/2022 , which implemented the Insolvency Directive. The entry into force of the Code represented an epochal turning point in the discipline of business crisis, determining the archiving of the bankruptcy law referred to in Royal Decree 16 March 1942, n. 267. The Compendium offers a reasoned reading of the CCII by analyzing the profiles of continuity and those of novelty with respect to the old discipline of bankruptcy law. The volume analyses, first of all, the discipline of judicial liquidation , which has replaced bankruptcy, and then deals with the judicial liquidation agreement, the new negotiated composition procedure, the instruments for regulating the crisis and insolvency, such as agreements in execution of a certified recovery plan and debt restructuring agreements, as well as, naturally, the preventive composition . The completeness of the discussion is finally ensured by the chapters dedicated to the procedures for the composition of the over-indebtedness crisis , to debt relief , with particular reference to the new institution of debt relief of the insolvent, and to compulsory administrative liquidation .

In this 2025 Edition, the most recent regulatory changes have been taken into account, in particular those introduced by the 2024 Corrective, pursuant to Legislative Decree no. 163 of 13 September 2024 , to the Corporate Crisis and Insolvency Code.