Fisiologia e patologia dei finanziamenti bancari all'impresa in crisi

In the current European economic and legal framework, financing distressed companies has become a central issue in the pathological dimension of bank–firm relationships. The field is marked by uncertain boundaries and a fragmented regulatory framework that has significantly shaped its development. It remains, to a large extent, a work in progress, evolving primarily through case law within the domain of insolvency law in action. This study builds on a systematic analysis of judicial decisions on the abusive granting of credit. It shows how unstable the line remains between “worthy” financing and “abusive” lending. This uncertainty creates practical difficulties. Banks struggle to make fully informed lending decisions, while courts face challenges in assessing liability. The result is a lack of legal certainty. Against this background, the assessment of creditworthiness emerges as the key normative benchmark. It plays a central role in evaluating banking conduct, especially when read in light of prudential supervision rules and the principle of sound and prudent management. After defining the current structure of liability for the abusive granting of credit, the analysis turns to the “physiological” dimension of financing distressed companies. This is examined within the framework of the Italian Insolvency and Crisis Code. Although the Code does not expressly codify this form of liability, it reshapes the system of distressed financing. It strengthens negotiated restructuring tools and introduces a more procedural approach to lending. The study then examines the role and duties of banks and financial intermediaries in managing corporate distress. The aim is to identify the conditions under which financing is considered legitimate – or even encouraged – within these frameworks. Finally, the study addresses whether a residual space still exists for lawful lending outside formal restructuring procedures. It defines the limits of such financing and explores its implications in terms of liability. The broader goal is to offer a coherent framework for the subject. This framework seeks to balance creditor protection with market efficiency, while restoring clarity and predictability to the law governing the abusive granting of credit.

Grantor dc:publisher

Università degli studi di Trento

Year dc:date

2026

Author dc:creator

• Dassisti, Paola

Contributors dc:contributor

• Malvagna, Ugo
• Sartori, Filippo

• Settore IUS/05 - Diritto dell'Economia
• Settore IUS/01 - Diritto Privato
• Settore IUS/04 - Diritto Commerciale
• Settore GIUR-03/A - Diritto dell'economia
• Settore GIUR-01/A - Diritto privato
• Settore GIUR-02/A - Diritto commerciale

Statement dc:rights

• info:eu-repo/semantics/embargoedAccess
• license:Tutti i diritti riservati (All rights reserved)
• license uri:iris.PRI01

Language dc:language

ita

Handle dc:identifier

https://hdl.handle.net/11572/483231

OAI identifier oai:identifier

oai:iris.unitn.it:11572/483231