La partecipazione di società non insolventi al concordato preventivo di gruppo nell’evoluzione del sistema: nuovi spunti tratti dalla Legge Modello UNCITRAL del 2019, dal d.l. 24 agosto 2021, n. 118 e dal novellato Codice della crisi

The Italian insolvency legislation had been traditionnally adressed to manage the defaults of business entities, essentially by sharing the burden of losses between the creditors, and didn’t consider the more specific issues depending on the adoption of the organizational model of groups of enterprises. During the last decades Italian rules had been reoriented to promote more strongly rescues of failing firms and, by the recent new Crisis and Insolvency Code, even reorganizations of groups of enterprises. In this evolving legal context the new rules expressly consider the specific cases of participation of solvent entities to rescue proceedings of the insolvent ones. The essay addresses the latter topic from the point of view of the rescue promotion of the failing firms also in the light of the 2019 UNCITRAL Model Law on Enterprise Group Insolvency because of the extention of its scopes to solvent entities too.