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Companies' insolvency and ‘the nature of the firm’ in Italy, 1920s–70s1

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  • PAOLO DI MARTINO
  • MICHELANGELO VASTA

Abstract

This article analyses the functioning of Italian insolvency laws and practices, in particular their role in the selection and relaunch of viable firms. The article investigates the period between the 1920s and the 1970s, and focuses on joint‐stock companies. Using comparative data on the number of cases, we show that in Italy firms mainly used the procedure called fallimento (bankruptcy), consisting of the collection and subsequent liquidation of assets. Other procedures, such as deals with creditors or forms of receivership, able to give companies a further chance, were rarely used. On the basis of archival documents we maintain that this result was due to the strictness and complication of Italian procedures, as well as to their inability to select viable companies. The article also investigates the relation between the features of insolvency law and the nature of the Italian industrial system, specifically the peculiar small size and rapid turnover of joint‐stock companies. We suggest that the pro‐liquidation character of the insolvency law might have been one of the causes of the peculiarity of Italian industrial capitalism, even if the opposite direction of causality cannot be excluded.

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  • Paolo Di Martino & Michelangelo Vasta, 2010. "Companies' insolvency and ‘the nature of the firm’ in Italy, 1920s–70s1," Economic History Review, Economic History Society, vol. 63(1), pages 137-164, February.
    • Handle: RePEc:bla:ehsrev:v:63:y:2010:i:1:p:137-164
    DOI: 10.1111/j.1468-0289.2009.00481.x
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    1. repec:hal:wpspec:info:hdl:2441/6824 is not listed on IDEAS
    2. Zamagni, Vera, 1997. "The Economic History of Italy 1860-1990," OUP Catalogue, Oxford University Press, number 9780198292890.
    3. Pavitt, Keith, 1984. "Sectoral patterns of technical change: Towards a taxonomy and a theory," Research Policy, Elsevier, vol. 13(6), pages 343-373, December.
    4. Hart, Oliver, 1995. "Firms, Contracts, and Financial Structure," OUP Catalogue, Oxford University Press, number 9780198288817.
    5. repec:bla:jfinan:v:44:y:1989:i:3:p:747-69 is not listed on IDEAS
    6. Julian R. Franks & Walter N. Torous, 1989. "An Empirical Investigation of U.S. Firms in Reorganization," Journal of Finance, American Finance Association, vol. 44(3), pages 747-769, July.
    7. John Armour & B.R. Cheffins & D.A. Skeel Jr., 2002. "Corporate Ownership Structure and the Evolution of Bankruptcy Law in the US and UK," Working Papers wp226, Centre for Business Research, University of Cambridge.
    8. Renato Giannetti & Michelangelo Vasta (ed.), 2006. "Evolution of Italian Enterprises in the 20th Century," Contributions to Economics, Springer, number 978-3-7908-1712-6.
    9. repec:dau:papers:123456789/13599 is not listed on IDEAS
    10. repec:hal:spmain:info:hdl:2441/6824 is not listed on IDEAS
    11. Tufano, Peter, 1997. "Business Failure, Judicial Intervention, and Financial Innovation: Restructuring U.S. Railroads in the Nineteenth Century," Business History Review, Cambridge University Press, vol. 71(1), pages 1-40, April.
    12. Sgard, Jérôme, 2006. "Do legal origins matter? The case of bankruptcy laws in Europe 1808–1914," European Review of Economic History, Cambridge University Press, vol. 10(3), pages 389-419, December.
    13. Naomi R. Lamoreaux, 2005. "Legal Regime and Contractual Flexibility: A Comparison of Business's Organizational Choices in France and the United States during the Era of Industrialization," American Law and Economics Review, American Law and Economics Association, vol. 7(1), pages 28-61.
    14. Jérôme Sgard, 2006. "Do legal origins matter? The case of bankruptcy laws in Europe 1808-1914," Post-Print hal-01021354, HAL.
    15. Alfred D. Chandler, 1992. "Organizational Capabilities and the Economic History of the Industrial Enterprise," Journal of Economic Perspectives, American Economic Association, vol. 6(3), pages 79-100, Summer.
    16. Thomas Hatzichronoglou, 1997. "Revision of the High-Technology Sector and Product Classification," OECD Science, Technology and Industry Working Papers 1997/2, OECD Publishing.
    17. Paolo Di Martino, 2005. "Approaching Disaster: Personal Bankruptcy Legislation in Italy and England, c.1880-1939," Business History, Taylor & Francis Journals, vol. 47(1), pages 23-43.
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    Cited by:

    1. Paolo Di Martino & Michelangelo Vasta, 2012. "Happy 150th Birthday Italy? Institutions and Economic Performance Since 1861," Department of Economics University of Siena 662, Department of Economics, University of Siena.
    2. Colli, Andrea & Rinaldi, Alberto, 2015. "Institutions, Politics, and the Corporate Economy," Enterprise & Society, Cambridge University Press, vol. 16(2), pages 249-269, June.
    3. Felice, Emanuele & Vecchi, Giovanni, 2015. "Italy’s Modern Economic Growth, 1861–2011," Enterprise & Society, Cambridge University Press, vol. 16(2), pages 225-248, June.

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