Function and structure of the instruments and procedures for regulating crisis and insolvency.
In this transitional phase of the order - from the bankruptcy law of 1942 to the crisis and insolvency code - the course is based exclusively on the code of crisis and insolvency, with an appropriate selection of legal institutions, considering the respective and presumable "seal" de jure condendo.
Business Crisis Law by Alessandro Nigro and Daniele Vattermoli, Il Mulino 2021.
Attending students will study the text only with reference to paragraphs 1 to 35 and they will integrate the exam with readings provided by the teacher throughout the course.
Learning Objectives
Knowledge, understanding and application of the provisions of the corporate crisis code, through the study of the ratio and becoming aware of the roles that professionals can be called upon to assume in crisis management.
Prerequisites
Knowing the fundamental institutions of private and commercial law.
It is therefore not recommended to take the exam without having previously passed the aforementioned exams.
Teaching Methods
Lectures, synchronous and not recorded by the teacher. If possible, lectures (coordinated by the teacher) given by magistrates and professionals will be scheduled.
Further information
Supplementary material will be provided for attending students only.
Type of Assessment
The oral exam takes place in the traditional way through an interview in which you will be asked to think about what you have learned. When possible and only for those students who will have been attending the course without interruption, periodic written mid-term written tests will be given in class.
Course program
VALID FOR NON ATTENDING STUDENTS ONLY (the following program refers to the textbook indicated above)
PART ONE: INTRODUCTORY AND GENERAL PROFILES. - I. The tools for resolving business crises. - II. Bankruptcy procedures in general. - III. The Code of business crisis and insolvency: the structure of the discipline, the general principles, the conditions. - IV. [NO] - PART TWO: THE «TRADITIONAL» COMPETITION PROCEDURES. - Section one: judicial procedures. - V. Conditions and procedure for opening judicial liquidation. - VI. The bodies of judicial liquidation. - VII. The effects of the judicial liquidation for the debtor. - VIII. The effects of judicial liquidation for creditors. - IX. The effects of judicial liquidation on acts prejudicial to creditors. - X. The effects of judicial liquidation on pending legal relationships. - XI. The custody and administration of the assets included in the judicial liquidation. - XII. The assessment of liabilities and the rights of third parties. - XIII. Business operation, company leasing and liquidation of assets. - XIV. The breakdown of assets. - XV. The closure of the judicial liquidation. - XVI. The concordat in the judicial liquidation. - XVII. Judicial liquidation and liquidation arrangement of companies. - XVIII. The arrangement with creditors. - XIX. The other regulatory instruments: certified recovery plans, restructuring agreements and moratorium agreements. - XX. The crisis of groups. - Second section [NO] - PART THREE: THE COMPOSITION OF THE OVER-DEBT CRISIS. - XXIV. The over-indebtedness procedures. - PART FOUR: FRESCH START
NON ATTENDING STUDENTS WHO HAVE TO TAKE THE 6 CREDIT EXAM WILL NOT STUDY THE TOPICS REFERRED TO IN POINTS XIV TO XVII AND XXIV TO XXV.