I POTERI E LE RESPONSABILITÀ DEI CREDITORI TITOLARI DI STRUMENTI FINANZIARI PARTECIPATIVI NELL¿AMBITO DELLE PROCEDURE STRAGIUDIZIALI DI RISOLUZIONE DELLA CRISI DI IMPRESA

The dissertation deals with the powers and the responsibility of the banks which hold financial instruments referred to in article 2346, sixth paragraph of the Italian Civil Code within the framework of the out-of-court procedures of the resolution of the companies crisis. The first chapter aims to investigate the economic and legal reasons that encourage the use of the financial instruments within the abovementioned framework and the powers that can be allocated to the creditors by these in-struments. The second chapter analyzes the duty of goog faith and fair dealing of the banks which hold financial instruments and the consequences deriving from a breach of these principles. The third chapter draws the responsibility of the banks which hold financial instruments resulting from a violation of the article 2497 of the Italian Civil Code.