Un tentativo di ricostruzione dell’istituto dell’esdebitazione nel nuovo diritto della crisi

In the “Corporate Crisis and Insolvency Code”, the overall reform of bankruptcy procedures is also accompanied by a remodulation of the mechanisms dedicated to the settlement of the over-indebtedness crisis and, in particular, to the debt-discharge. In the light of the changes that have occurred, the debtor can be released from previous obligations by virtue of the non-collectability towards him not only of the unsatisfied credits in the context of a liquidation procedure of his assets but also in the hypothesis of total absence of assets on which to retaliate. The subjective sphere of the institution is also expanded. Therefore, in addition to the entrepreneur, both the “professional” and the consumer can access this benefit. The survey is aimed to analyze the main distinctive features of the regulatory system dedicated to debt-discharge. The ultimate goal is to achieve a correct classification and an appropriate contextualization of the new provisions dedicated to this institution within the changed crisis system.