Aim of the course is giving the students a deep and complete knowledge of Italian insolvency law and a framework of European law on the crisis. It will be studied European Regulation n. 848-2015, on insolvency proceedings, together with Italian law governing the following proceedings: “liquidazione giudiziale” (bankruptcy), “concordato preventivo”, “accordi di ristrutturazione dei debiti” and “piani di risanamento” (agreements with creditors), Specific focus will be also given to European and Italian law on overindebtedness.
1.Knowledge and under standing The course will study the fundamental features of civil justice as a service given by the State to the citizens, through the analysis of constitutional principles and civil procedure basic rules. Particular attention will be paid to the laws that regulate the critical difficulties of entrepreneur and business crisis. The course will cover: the general rules of civil proceedings; the study of the bankruptcy proceedings with specific analysis of the legislation to restructuring arrangements and patterns of court settlement of the crisis.
2. Applying knowledge and under standing With the acquisition of specific knowledge of the protection means, students graduates in Business Administration will be able to apply knowledge and skills to the resolution of problems relating to management of the entrepreneur’s crisis.
3. Making judgments The study of this matter allows you to scan a wide autonomy in the identification of the rules of bankruptcy and, consequently, the most appropriate instrument for resolving issues related to the protection of the standpoints of the entrepreneur and the Company.
Lectures, classroom discussions, practical training on new legislation and case law; any course tests aimed at verifying the results and level of learning.
At the end of the course and passing the final exam (oral test), the student will have acquired all of the basics of the subject and will also be able to move in search of legislation, case law and doctrine necessary to resolve legal issues related to the business crisis.
During the oral examination the students will have to show their knowledge of business law by discussing three or four subjects studied in their textbooks.
NIGRO, VATTERMOLI, Diritto della crisi delle imprese, Il Mulino, Bologna, last edition.
G. Fauceglia, Il nuovo diritto della crisi e dell'insolvenza, Giappichelli, Torino, 2019; ISBN 9788875244415
Apart from the handbooks suggested for studying all the contents of the course, during the lectures the teacher will indicate other books, articles, judgments about subjects which could be particularly interesting for the students.
Royal decree n. 267/1942, on "fallimento" and other insolvency proceedings.
The new Code of crisis and insolvency. -d.lgs. 12 gennaio 2019, n. 14.