Le proposte "indecenti" nel concordato preventivo

The paper analyses two different kinds of proposal of concordato preventivo that are located on the borderline of its lawfulness: the case of a proposal letting a class of creditors totally unsatisfied (even general creditors) and the case of a debtor holding a part of his assets for himself. The arising questions regard, above all, the real consideration of concordato, the acknowledgement of the right to vote for the unsatisfied creditors, the ‘personal liability rule’ as in the article 2740 of the Civil Code, the compliance with company laws on corporate liquidation. The answers provided by the author match only partially with the opinion of the major Courts.