Responsabilità e prevenzione: un parallelismo tra il riformato art. 2407 c.c. e gli artt. 1913-1915 c.c.

[Machine translation] The article draws a parallel between the recent reform of art. 2407 of the Italian Civil Code and logic, of damage insurance governed by articles 1904 ff. c.c. The introduction of legal limits to, In the perspective proposed here, compensatory liability constitutes a form of rationalization, of risk similar to the function performed by the insurance ceiling. The comparison highlights similarities, structural (ex-ante limitation of economic exposure) and functional (incentive to comply, active and timely of the duties of warning and rescue, rectius of reporting), allowing you to reinterpret, the figure of the supervisory body in the light of a cooperative and preventive logic, in a manner, consistent with the role assigned to it by the Code of Business Crisis and Insolvency.