Ranking of Creditors in Insolvency: An Empirical Debate on Optimal Harmonization Practices

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This paper reports the empirical evidence (both qualitative and quantitative) gathered by the author on the Italian legal treatment of (specific) small entrepreneurs as claimants. This evidence, alongside the additional considerations impacting the Italian insolvency legal system and community, are used to discuss the possible alternatives that the EU legislator may adopt in pursuing substantive harmonization in this area of law. The paper concludes with the author’s view on the optimal approach to substantive harmonization, at least under the current circumstances.
Original languageEnglish
Pages (from-to)9-40
Number of pages32
JournalNottingham Insolvency and Business Law eJournal
Issue number2
Publication statusPublished - 2016


  • ranking of creditors
  • insolvency
  • pari passu rule
  • artisans
  • MSMEs

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