ETD

• Gruppi di società

This thesis covers corporate groups insolvency framework with particular attention on tax law. These corporate groups were not given the adequate importance from both the Italian and the foreign lawmaker. At the beginning, only economists would recognize the significance of profits that groups could generate. However, transparency and compliance is very important in the legal profession and there were concerns that the groups could elude their responsibilities towards the rules of share capital.
This thesis provides an in-depth account of the original concerns regarding normative fraud and how these concerns were overcome. The main aim of this paper is to illustrate the legal discipline governing corporate groups, not only in the eyes of Italian law, but also Spanish law systems with particular attention on insolvency and fiscal matters.
The raison d’être behind this analysis is to demonstrate the fact that corporate groups are attempting to overcome entrepreneurial dwarfism. This matter is what has made countries like Spain and Italy suffer economically versus other countries who have a large-enterprise culture. Giorgio Fuà retains that the reason for the industry delay can be attributed to deficiencies in company organization and social capabilitie.
From the knowledge of these defects it is clear that there is a strong need to enhance the large-company culture. It is understood that the power of the group is the direct result of the strong bond between the individual companies. It is therefore important for these companies to maintain their strong links during times of financial distress. It is this latter topic that this thesis seeks to examine.