L’incidenza del badwill nella determinazione del valore dell’azienda

The paper, which is inspired by a recent case, analyzes in terms of economic analysis of law and in the light of the recent standard of “authentic interpretation” of article 63 d.lgs. no. 270/1999, the jurisprudential thesis according to which, given the binding nature of the two-year term, the sale of a company carried out by the so-called "Commissario Straordinario" at a reduced price (by virtue of a badwill calculated for a period longer than the maximum allowed under the law) is void under article 1418 of the Civil Code.