Le novità in materia di misure protettive e cautelari

The “corrective” decree has appropriately extended the scope of protective and precautionary measures to the simplified composition and to the procedure for access to instruments with reservation, and has, equally appropriately, implemented the number of typical protective measures and the profile of the atypical ones. Several doubts remain in their application, more or less important, which betray the limits of a discipline that is not yet unitary from a systematic point of view and in need of more precise regulatory connections with reference both to the possible transition from the negotiated composition of the crisis to the instruments, and to the differences and interactions between protective measures and precautionary measures.