Casasola, O. orcid.org/0000-0002-9652-0582 and Salvadori, E. (Cover date: Spring 2025) The Italian Exclusion of Farming Enterprises from Major Insolvency Proceedings: An Assessment of its Appropriateness within the European Union Insolvency Context. International Insolvency Review, 34 (1). pp. 161-182. ISSN 1180-0518
Abstract
The article examines the Italian approach to farming enterprises' insolvency. In Italy, farmers were traditionally excluded from the application of insolvency proceedings regardless of their corporate status. In the last decade, they have gained limited access to special insolvency procedures developed for consumers and small enterprises. The study seeks to compare the Italian perspective with the insolvency frameworks of the other European Union (EU) member states and place the Italian approach within the broader EU insolvency framework. The article questions the validity of the Italian exclusion of farmers from the major insolvency proceedings in light of the modern rationales of insolvency law (i.e., restructuring, rescuing and second chances). In doing so, the article has a fourfold structure. First, the article analyses the current Italian approach to the insolvency of farming enterprises. Second, it compares the Italian approach to the regimes concerning farmers' access to insolvency proceedings of the other 26 EU member states. Third, it analyses the EU insolvency framework concerning farmers' insolvency and evaluates the impact of the Directive on Restructuring and Insolvency on the rationale of the Italian insolvency regime. Last, the article seeks to put forward policy recommendations for future reforms of farmers' insolvency in Italy.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2025 The Author(s). International Insolvency Review published by INSOL International and John Wiley & Sons Ltd. This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited. |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 11 Oct 2024 11:19 |
Last Modified: | 03 Jun 2025 08:09 |
Published Version: | https://onlinelibrary.wiley.com/doi/10.1002/iir.15... |
Status: | Published |
Publisher: | Wiley |
Identification Number: | 10.1002/iir.1567 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:218196 |