BANKRUPTCY LAW

Knowledge and comprehension
Bankruptcy Law is a special subject that studies the crisis of companies and the different means of solving that crisis, either regarding its liquidation (bankruptcy, compulsory liquidation) or the purpose of overcoming and re-organizing (bankruptcy agreement; debt restructuring agreements; compulsory liquidation for large companies).
In this subject, which consists in deepening in the topics studied in an institutional way in Commercial Law, there are also some aspects of Procedural Civil Law, Private Law and Criminal Law.
The aim of this course is to provide the student with a complete and in-depth knowledge of the regulations complex that is the object of study, doctrine and jurisprudence in the subject. The other two purposes are to define the tools to solve real cases and application problems, and to discuss those topics with specialist and common interlocutors. Moreover, it must be highlighted the remarkable professional aspect of this subject.
Ability to put knowledge and comprehension into practice
The study of the subject aims to provide the student with the substantial and procedural profiles involved to be able to face real cases of company crisis critically and consciously, to isolate the problems and find solutions or ways to save the company in crisis, and to know how to take liquidation and bankruptcy procedures of companies declared insolvent. With this purpose, appart from the study carried out in rule-of-law institutions, those contents are also included in face-to-face classes when solving real cases with the collaboration of the students.

Frontal lessons

If the teaching was given in remote mode, there would be necessary changes in respect to what is stated below, in order to comply with the program reported in the syllabus.

Since the new Code of the crisis and insolvency has not entered into force yet, the student could choose between two programs:

a) study of the regulations in force (the following indications refer to the program sub a);

b) study of Legislative Decree 12 January 2019, n. 14 (Code of Business crisis and insolvency). Those who opt for the program sub b) use: M. CIAN (a cura di), Diritto commerciale. Vol. II. Diritto della crisi d’impresa (with update section), published by Giappichelli, Turin, 2019, pp. 303 - 344, and also G. FAUCEGLIA, Il nuovo diritto della crisi e dell’insolvenza, published by Giappichelli, Turin, 2019, pp. 1 - 83; 105-203; 213- 259.

I) Insolvency proceedings: bankruptcy; bankruptcy agreement. Cross-border insolvency.

II) Debt restructuring agreements; renovation plans. Extraordinary administration proceedings for big insolvent companies.

III) Over-indebtedness procedures.

I) For Insolvency proceedings: bankruptcy; bankruptcy agreement. Cross-border insolvency:

A. NIGRO - D. VATTERMOLI, Diritto della crisi delle imprese, Il Mulino, Bologna, 4° edizione, 2017, §§ 9-10, §§ 23-213, e §§ 233-268.

or

M. CIAN (a cura di), Diritto commerciale. Vol. II. Diritto della crisi d’impresa (with update section), published by Giappichelli, Turin, 2019, pp. 1-154, e 210-219, 297-301;

II) For debt restructuring agreements, renovation plans, extraordinary administration proceedings for big insolvent companies:

M. CIAN (a cura di), Diritto commerciale. Vol. II. Diritto della crisi d’impresa (with update section), published by Giappichelli, Turin, 2019, pp. 155-209; 220-293;

III) For over-indebtedness procedures:

M. CIAN (a cura di), Diritto commerciale. Vol. II. Diritto della crisi d’impresa (with update section), published by Giappichelli, Turin, 2019, pp. 247-259.