La continuità aziendale da valore-mezzo a valore-fine per il risanamento dell’impresa in crisi

With the definitive implementation of Legislative Decree no. 12/2019 and subsequent amendments, a paradigm shift has occurred in the definition of business continuity in bankruptcy proceedings. It is no longer seen merely as a value-means to satisfy the main creditors, but also as a value-end benefiting other stakeholders directly or indirectly involved in the restructuring activity. The main actors responsible for drafting and evaluating an industrial recovery plan, such as the attestor, the court, but also the entrepreneur and the advisor themselves, are well aware of this shift. In this contribution, we provide a brief overview of the concept of continuity from the perspectives of economic-business and legal-budgetary science. Subsequently, we focus on the axiom of business continuity in the legal-procedural field and offer some valuable insights for evaluating recovery processes with regards to their economic, financial, and social sustainability.