Going back to some aspects of the art. 2395 italian civil code
Going back to some aspects of the art. 2395 italian civil code
Abstract: The article tackles the issue of the action of company creditors, damaged by the outcome of the liquidation of the company, against the liquidators, (art. 2495 paragraph 3 of the Italian Civil Code), which is aimed at reinstating their assets and not the company assets. The liability of liquidators, referred to in that provision, cannot be assimilated, however, to the provision of art. 2395 of the Italian Civil Code because the direct damage, contemplated by it, does not occur in the specific case, which governs not the compensation liability, but the liability for the debt, of patrimonial nature, with the consistent consequence that it will not be possible to ask the liquidators for a different amount than the not collected credit.
Summary: 1. Introduzione. – 2. Responsabilità risarcitoria degli amministratori. – 3. Diligenza dei liquidatori. – 4. Art. 2495 comma 3 cod. civ. – 5. Conclusioni.
Keywords: Liability of directors ex art — 2395 of the Italian Civil Code — Diligence of the liquidators — Liability of liquidators.
