Scissione e tutela della continuità aziendale. Opportunità dell’istituto nella disciplina del concordato preventivo alla luce della recente riforma della legge fallimentare

The article explains division as it is specified by Italian legislation, and considers its specific and innovative aspects and how it may prove to be a useful instrument for preserving business continuity in situations of arrangements with creditors. The paper examines several topical aspects, considering the changes brought about by the recent reform of Italian legislation: Law 155/2017 not only regulates division as an extraordinary corporate operation - which may prove useful during business reorganization - but also may render it a useful instrument for preventing situations of crisis, underlining the importance of rational processes and tools typical of business management, primarily the business plan and cash flows, but also the adoption of a preventive approach and a working model based on feedback.