Causa illecita e accordi concorsuali

The preventive agreement, such as the bankruptcy one, following the "privatistic" imprint of the decennial Reform of the 2005-2016 bankruptcy law, has been qualified by the doctrine and jurisprudence as "insolvency agreements". In fact, this assumption has been referred to both cases, which however present, in the dynamic "contract-process", a different connotation, including the first in the negotiating table, and the second in the trial one. From this necessary distinction, already clear in the fabric of the reformed bankruptcy law, it follows a different reconstruction of the respective disciplines, which now finds full confirmation in the new Code of crisis and insolvency. On this basis, the study proposes to investigate, with respect to the legal admissibility and economic feasibility checks of the settlement plan, which are now delegated by the Crisis Code and insolvency to the court, the consequences that determine the reconciliation of the arrangement with the contractual category, highlighting, in particular, the relevance that, with respect to the limits set by the law to private autonomy, has control over the illegality of the case (in concrete).