Sulla liquidazione giudiziale della societa incorporata (o fusa)

The essay critically analyses the consolidated favorable position of the Italian Supreme Court on a merged company’s independent bankruptcy procedure, focusing on the contradiction of this solution both: to the legal creditor protection and to the irreversibility of merger effects by one side; and to the new rules of Codice della crisi e dell’insolvenza on extraordinary operations and on the relation within insolvency proceedings and the termination of the debtor’s business, on the other side.