Luca Boggio

• Business Law Professor
• Associate Professor at Link Campus University

The Italian insolvency legislation had been traditionnally adressed to manage the defaults of business entities, essentially by sharing the burden of losses between the creditors, and didn’t consider the more specific issues depending on the adoption of the organizational model of groups of enterprises. During the last decades Italian rules had bee...

The Italian Legislator approved the text of a new law better known as “Crisis and Insolvency Code” at the beginning of Year 2019, that was just some months before the adoption of the EU Directive no. 1023/2019 on preventive restruc- turing frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedur...

Since 2007, many investors have sought international protection against the effects of sovereign defaults, especially when States try to resolve financial distress through restructurings and, in particular, through compulsory or semi-compulsory restructurings. After the well-known Abaclat award, other arbitrators and international courts were asked...

The 2003 Italian Company Law reform permitted companies governed by Italian Laws to include management deadlock clauses in their articles of incorporation/bylaws. Such clauses provide the appointment of an “expert” empowered to decide on the management of the business. Thanks to these clauses, the so-called “economic” arbitration clauses (EACs), an...

Italian Bankruptcy Law allows commercial debtors to propose to their creditors an agreement to avoid bankruptcy. The proposal may provide different treatments for each group of creditors, so forming "classes" of creditors; such proposal must be approved by majority of the creditors and of the classes of creditors and, after, by the Bankruptcy Court...

The failing companies can try to avoid their economic or financial crisis by judicial turnarounds. The legal framework provides some different principles and some specific rules for pre-insolvent companies. The goal of the study is to focus on Italian Bankruptcy Regulations to understand how much the crisis involves changes in the relationships bet...

The book explores the main issues related to corporate arbitration under the Italian Laws, focusing on the arbitrability of company resolutions according to the special rules established since 2003.

This article comments two opposed italian Supreme Court decisions concerning the possibility to introduce or mantain in an company article of association an arbitration clause not providing the arbitrator nomination by a third party.

The articles comments an Italian Supreme Court decision concerning the ownership of investment trust real estates.

This article is a study about the characters of partnership conflicts relating to the normal way of conduct of partners and the rules of law. Considering those characters, the author indicate some strategies to mediators to avoid difficulties to mediate.

The paper goal is to understand how large is the influence on Italian accounting regulation of the introduction of IAS 7 as mandatory for IAS/IFRS compliant firms according to EU legislation. The first part of the paper focuses, particularly, on the higher level of financial reporting standardization implemented by the new accounting rules and on m...

The book explores the field of voluntary rescues of failing firms, trying a systematic reconstruction of the contractual and corporate issues related to the so-called work-out agreements. It's a broad research covering the fields of civil, company, insolvency, banking and capital market laws