Start-up innovative: procedure da sovraindebitamento e codice della crisi di impresa e dell'insolvenza

The article analyzes the causes of over-indebtedness, deepening the historical, economic, sociological, and legal aspects, underlining the great delay with which our country has faced the phenomenon, despite the requests of international organizations and other European countries, which for decades had dealt with it with ad hoc legislations. The legislative process of over-indebtedness is deepened, from the first rudimentary provisions, up to the code of business crisis and insolvency. The reasons that have suggested to our legislator to regulate innovative start-ups with favorable rules, in derogation of common company law, are subsequently illustrated, regulating the crisis of these high-tech companies, removing them from the normal insolvency procedures and entrusting them, like other “weak” subjects, to over-indebtedness procedures. Lastly, again with reference to innovative start-ups, the problem of coordinating the regulation of over-indebtedness is addressed with the very recent legislation on negotiated settlement of the crisis.