Le fasi della liquidazione giudiziale (in "Codice della crisi d'impresa e dell'insolvenza" a cura di G. Bonfante)

[Machine translation] If we neglect the terminology, which has been adapted to the changed name of the insolvency procedure already known as bankruptcy, those dedicated to judicial liquidation are among the least innovative rules of the Code of Business Crisis and Insolvency. The procedure still unfolds in the phases of the assessment of liabilities, reconstruction, liquidation and distribution of assets. However, significant provisions are noted regarding late applications, takeover or dissolution of the curator from contracts pending on the date of the opening of the judicial liquidation, liquidation program, graduation of insolvency claims. Some inconsistencies of the reform are then emphasized: in particular, the permanent critical issues related to the exercise by the curator of liability actions (with expanded legitimacy beyond the boundaries of corporate law but with unresolved doubts regarding recipients of the same other than the bodies of the entity subject to judicial liquidation) and the serious consequences that would result from the regulation of revocations, in the absence of a rethinking of the legislator, from the repeal of the principle of achievement between procedures.