Il 'surplus' concordatario: profili valutativi

Tronci, Luca

2023-01-01

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Abstract

The paper analyzes the discipline of the distribution rules governing the satisfaction of creditors in the context of an arrangement with creditors (“concordato preventivo”), focusing on the innovations introduced by the Code of Crisis and Insolvency (c.c.i.i.), which introduces in our legal system a form of relative priority rule applicable only to the arrangement with business continuity. In particular, the question arises as to the meaning to be attributed to the expression "value exceeding the liquidation value" contained in Article 84, paragraph 6, c.c.i.i.