Personalità giuridica ed interesse pubblico: la responsabilità dello Stato per i debiti delle società sequestrate o confiscate

The article provides a detailed analysis of the legal and administrative implications arising from the application of seizure measures and judicial administration in the fight against illicit intermediation and organised crime. Particular attention is paid to the issue of the “seizure of the company,” which the author distinguishes from the seizure of the assets-namely, the shareholdings and the business itself. It is argued that, given the precedence of the assets over the legal entity, a restrictive interpretation of seizure measures is justified, in accordance with the principle that a legal person cannot, in itself, be subject to seizure. The discussion also examines the proper interpretation of the Italian Government’s financial advance, which is deemed essential to avert the collapse of the enterprise, as well as the impact of the extraordinary provisions introduced by the Codice Antimafia on corporate governance. In this context, the relationship between the administrative body, the judicial commissioner, and the delegated judge is critically analysed. Drawing on recent case law from the Corte di Cassazione and the appellate courts, the article clarifies the limits and procedures governing the replacement of management bodies, while also addressing the consequences in terms of civil liability arising from incomplete or deficient contractual performance. The article offers a critical reflection on the role of the Italian Government in protecting public interests and on the balance between sector-specific regulation, highlighting the ongoing interpretative challenges and the need for a coherent and uniform doctrinal approach to seizure and judicial administration.