Giuffré, 2004.
The recent financial crises in Italy have brought to the forefront of public “attention the issue of behaviors” of directors and individuals responsible for control in commercial companies, recently addressed by Legislative Decree No. 61 of April 11, 2002.
Among the regulations introduced by this decree, the “misappropriation of assets, provided for in” Art. 2634 of the Civil Code, in particular, assumes a central role in depicting the conflict of “interests that leads the” director to act for themselves and to the detriment of the “entity of which they are a part; the” importance that this provision is destined to assume in the economic sphere also depends on its direct applicability to the banking and “financial intermediation sectors.
Article” 2635 of the Civil Code describes, for the first time in our legal system, the conduct of corruption carried out in commercial companies by directors and/or controllers.
This is a thought-provoking regulation that prompts reflections on the phenomenon of corruption in the private sector, as corruption manifests itself around centers of power on which the realization of particular interests depends.
This volume analyzes the actual scope of these provisions and constitutes an initial analysis of their practical operability, their adequacy in resolving criminal phenomena that are sometimes the cause of disastrous economic failures (as recent news highlights), while providing interpretative suggestions on regulations that are not easy to read