Controllo giudiziario

[Autom. eng. transl.] The entry analyses the discipline of judicial control over joint-stock companies, as resulting from the reform of the institution carried out in 2003. After an introduction, which gives an account of the historical origin of judicial control and the main interpretative problems - of substantive and procedural law - raised by it, the prerequisites for the application of the remedy are illustrated, the subjects entitled to report, the main contents of the investigation phase and of the provisions that can be assumed by the judge, the system of appeals of the provisions themselves. Particular attention is dedicated to exploring the applicability of judicial control to companies other than joint-stock companies, as well as to the special rules applicable to listed companies, publicly held companies and companies operating in certain business sectors (credit, financial, insurance), in which the group of those entitled to report pursuant to art. 2409 of the Civil Code is expanded, or the codified rule is replaced by rules that introduce administrative controls and remedies. Finally, some notes are dedicated to the ways in which the Third Sector Code has “transposed” the mechanism of judicial control from corporate organizations to other entities, including those that do not carry out business activities.