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L’estinzione delle società: la portata dell’art. 2495 c.c. e i risvolti processuali della cancellazione dal registro delle imprese

Andrea Zorzi    Università Ca' Foscari Venezia    

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abstract

The issue of the effects of the dissolution of companies on contractual relationships, credits and debts, pending litigation, and property still held in the name of the dissolved company, is far from being settled under Italian law. Statutory law only regulates the matter of debts, stating that shareholders remain liable for the debts of the company up to the amount they received as a distribution. This short conference paper briefly reviews the state of precedents, and offers a point of view on the issue, especially with regard to the effects on pending litigation, summarizing a more complete work by the author. The author suggests that, when a company is stricken off the register during litigation, the counterpart should have the option either to have it restored to the register (thus allowing litigation to continue) or to pursue the shareholders as successors in the company’s position.

Published
June 30, 2013
Submitted
Aug. 3, 2016
Language
IT
Copyright: © 2013 Andrea Zorzi. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.