BANKRUPTCY LAW
Oral examination based on understanding and arguing capacity of acquired principles and disciplines. The knowledge assessment will be based on following criteria:
1) knowledge of course contents;
2) autonomy of judgment in evaluating examined institutes and cases;
3) ability on use of legal language;
4) identification and application practical cases discipline.
The examination is evaluated according to the following elements:
1) Failure to pass the test: insufficient knowledge of course contents, insufficient evaluation and argumentation skills.
2) 18 to 21: sufficient or just enough preparation; Minimum knowledge of the institutes and the issues faced in the course; Presence of gaps not particularly relevant;
3) 22 to 24: medium preparation characterized by not particularly deepening and gaps available in the further course of the overall training course;
4) 25 to 27: good overall preparation although not particularly thorough; appropriated technical language and ability;
5) 28 to 30: excellent preparation; accurated and precise technical language and expressive ability;
6) 30 and praise: highest level on preparation, technical lynch, expressive and argumentative.
The course aims at acquiring the student:
A) knowledge and understanding: 1) legal principles and law applicable to the company's crisis management through judicial and non-judicial procedures; 2) the individual settlement procedures in their different liquidating and restorative purposes;
B) applying knowledge and understanding: 1) to analyse insolvency and crisis phenomenology in their multiplicity manifestations; 2) for legal institutions and cases classification and for the resolution of issues related to the protection of company crisis legal positions;
C) making judgment: in assessing of studied institutes and cases on the acquired knowledge basis;
D) communication Skills to explain correctly and appropriately the acquired knowledge in written and oral form;
E) learning Skills: to continuously update and study and deeply the discussed topics.
- 9 CFU course - 54 hours, will refer to the following topics:
a) introduction to bankruptcy procedures; the individual procedures: essential features;
b) bankruptcy law system ex RD n. 267/1942; Over-indebtedness crisis settlement procedure ex l. n. 3/2012;
c) the new Business Crisis and Insolvency Bill: general provisions and scope of application;
d) negotiated settlement of the crisis;
e) preventive restructuring frameworks and insolvency proceedings: the unitary procedure;
f) instruments of crisis crisis regulation; agreements; over-indebtedness crisis settlement procedure; creditors arrangement;
g) judicial liquidation: conditions and bodies; effects; liabilities assessment; liquidation and distribution; closing and creditors arrangement;
h) companies judicial liquidation;
i) the controlled liquidation of the debtor over-indebted;
l) the discharge;
m) groups provisions;
n) administrative compulsory liquidation;
o) extraordinary administration of large enterprises in difficulty
is recommend one of the following texts,
- G. D’ATTORRE, Manuale di diritto della crisi e dell’insolvenza, GIAPPICHELLI, Torino, 2022, II edizione.
The use of an updated code of business crisis and insolvency bill (d.lgs. 12 gennaio 2019, n. 14 after d.lgs. 26 ottobre 2020 n. 147 e del d.lgs. 17 giugno 2022 n. 83) bankruptcy law (R.D. 16 marzo 1942, n. 267) and civil code and the knowledge of the main complementary legislation is also recommended.
the 9 CFU course is divided into 54 hours, as follows:
- 50 hours: frontal lessons on the topics indicated in section "Contents"
- 4 hours: law cases examination and practical solution
The lessons will take place face to face if the emergency COVID_19 conditions allow it
During the course it will be indicated the most important innovations on legislation and jurisprudence useful for studying the subjects.