Contratti pendenti e procedimenti per la soluzione negoziata della crisi

The paper deals with the issue of executory contracts in proceedings aimed at promoting or achieving a negotiated crisis resolution, identifying it as one of those systematic areas in which the two dimensions of subject and activity coexist, in some instances even overlapping, and thus giving rise to the need to identify a criterion in the light of which theexceptions to the general law of contracts, which by now emerge with overwhelming force also in the context of such proceedings, can be read in such a way as to prevent the risk of an unjustified favor for the debtor as well as of a dangerous repercussion on the market equilibrium. On this premise, the essay is dedicated to the identification of such a coordination criterion and then to the verification of the degree to which it has penetrated the current regulatory framework.