Brief Reflections on the Topic of Arms Crisis Managment in Light of the Most Recent Legislative Interventions

The Author’s brief reflections on the topic of modern farms crisis management take cue from the most recent regulatory interventions on the subject: article 23, paragraph 43, of law decree 6th July 2011, no. 98, turned into law 15th July 2011, no. 111, by which access to the procedures of articles 182 bis and 182 ter of the Bankruptcy Code is granted to farmers; law 27th January 2012, no. 3, providing for a special procedure of over-indebtedness crisis settlement, open to farmers as well and, finally, bill no. 5117 amending law no. 3/2012. The recent regulations fit in the wake of the new legislative trend aimed at providing even debtors previously exempted from insolvency procedures with crisis management tools in more articulated forms than individual executions. In an attempt to draw an early perspective balance, the Author expresses perplexity on some aspects of the new procedure among which its non-insolvency nature, the high percentage of credit fulfilment required and the lack of incentives both for the debtor and for creditors. Lastly, the Author examines bill no. 5117 which, if approved, will alter the nature of the new procedure introduce by law no. 3/2012, turning it into an insolvency one, with the insertion of a potential liquidation phase and the provision of a sub-procedure for discharge.

Keywords: Farm, Farmer, Exempted, Indebtedness, Crisis.

Filomena Prete, Brevi riflessioni in tema di gestione della crisi dell’impresa agricola alla luce dei più recenti interventi legislativi in "AGRICOLTURA ISTITUZIONI MERCATI " 2-3/2012, pp 97-111, DOI: 10.3280/AIM2012-002012