private law, civil procedural law, Commercial law
The course aims to illustrate to students the knowledge and discipline of the Bankruptcy Law, as recently reformed (l. 14 maggio 2005, n. 80, D. Lgs. 9 gennaio 2006, n. 5 e D.Lgs 12 settembre 2007, n. 169). Attention will be specially appointed around the discipline of bunkruptcy, as model of crisis resolution.
I Form (9 credits): A) general premise on the firm crisis and on juridical instuments for insolvency agreed solution. An overview about bankruptcy proceedings. Insolvency proceedings and other means of governing the crisis; relationships between different procedures; B) the bankruptcy; The subjective and objective pre-supposition; Procedure for bankruptcy declaration; the declaratory sentence and the opposition to it; bankruptcy administration: the players in insolvency proceedings. Proposed organs for the development of bankruptcy procedure; C) the bankruptcy effects: for the debtor; for the creditors; on legal pending relations; on creditors prejudicial acts: settlement of creditors’ rights. From bankruptcy to fraudulent preference/disposition; safekeeping of assets; D) procedure for deficit assessment; settlement of creditors’ real and personal rights; bankrupt assets administration, liquidation and distribution; closing of bankruptcy and bankruptcy agreement; bankruptcy discharge; E) corporate insolvency; F) others procedures: so-called ‘negotiated’ solutions to crises: preventive agreement; restructuring agreements; restructuring plan. Compulsory administrative liquidation; extraordinary administration. Over-indebtedness crisis settlement procedure.
II Form (6 credits):
The same form I topics, except topic F).
Form I (9 credits): the course is given to the students of laurea magistrale in giurisprudenza and laurea quadriennale in giurisprudenza;
Forms I and II (6 credits): the course is given to the students who pefer to support the exam like optional and need to adquire less CFU than form I.
S. CENSONI, P. F. BONFATTI, Lineamenti di diritto fallimentare, Cedam, Padova 2013 (pp. 356), oppure GUGLIELMUCCI, Diritto fallimentare, 7a ed., Giappichelli, Torino, 2015 (pp. 415);
Face to face