Modelli organizzativi dell'impresa e responsabilità degli amministratori di s.p.a. nella riforma della legge fallimentare

The delegated law, which has been recently adopted in order to reform the Insolvency Act, provides new arguments to reflect on some traditional company law issues. With regard to the liability of directors, for example, the new law focuses on the need for the directors of joint-stock companies to set up adequate organizational structures able to timely find out the company's crisis as well as the loss of business continuity, reaffirming a principle already contained in article 2381 of the Civil Code, whose application, however, has been so far somehow neglected.