«RESPONSABILITÀ» DEGLI EX SOCI E LIMITAZIONE DEL DEBITO

Following the well-known rulings of the Italian Supreme Court regarding the extinction of the company due to cancellation from the business register, the actions of the company’s creditors against shareholders, pursuant to art. 2495, paragraph 3, of the Civil Code, has become central. As part of a broad ongoing debate about the relevance of the limited liability, the work mainly addresses the type of limitation provided by the law in favor of shareholders, as well as the relationships between this regulation and the creditors’ rights; secondly, the consequences that come from the preferred choice.