La nuova disciplina della revoca degli atti tra società del gruppo

The new discipline on avoidance of acts within the insolvency of a group of companies – This article deals with the new regulation of the avoidance of acts within the insolvency of a group companies, as an unprecedented institution, in the Italian legal system introduced by the reform of the new Code of Crisis and Insolvency. This work deals with the analysis of the rule that regulates the avoidance of acts between the companies of the same group, in comparison with the rules of the ordinary and bankruptcy avoidance action (actio pauliana) as regulated by the previous legal system. In particular, an interpretation of the new discipline of this institution is proposed with that of the avoidance of acts between spouses, already provided for in the previous and actual legal system. More in general, the new discipline of this institution presents an aggravated avoidance system, not without gaps and interpretative problems, destined to find application in bankruptcy procedures relating to groups of companies.