Company Crisis and Insolvency
A.Y. 2024/2025
Learning objectives
The course is aimed at
- make students acquire the knowledge of the positive discipline of insolvency proceedings and of the relevant fundamental and informing principles;
- make students capable of understanding, interpreting and applying the rules (which are constantly amended) and of exposing the knowledge acquired with properties of language, including technical language, and logical coherence.
- make students acquire the knowledge of the positive discipline of insolvency proceedings and of the relevant fundamental and informing principles;
- make students capable of understanding, interpreting and applying the rules (which are constantly amended) and of exposing the knowledge acquired with properties of language, including technical language, and logical coherence.
Expected learning outcomes
At the end of the course, students who have passed the examination will have a thorough knowledge of the topics covered in the lecture, and will have acquired the method of reasoning suitable for solving problems related to the positive discipline of institutions aimed at regulating crisis and insolvency.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
This course focuses on the study of the numerous institutions aimed at regulating business crises and insolvency. First of all, the course will examine the regulation of the negotiated settlement of the crisis, the arrangement with creditors and the simplified arrangement with creditors, restructuring agreements, the restructuring plan subject to approval and out-of-court solutions aimed at resolving the crisis. The course will then focus on judicial liquidation, an enforcement procedure reserved for the insolvent commercial entrepreneur, which originated in the Middle Ages in Italy under the name of bankruptcy and from there spread to the rest of Europe and the world.
Prerequisites for admission
The student must be highly motivated and interested towards the study of a rather difficult discipline, but an extremely challenging one, which, on the one hand, lies at the crossroads between civil procedure law, private law and commercial law; on the other hand, it is a very frequently applied discipline, also in cases of significant importance.
Teaching methods
The course consists of face-to-face lessons, in the context of which also the practical implications of the discipline are taken into account (with particular reference to its application to actual cases).
Teaching Resources
M. Fabiani, Sistema, principi e regole del diritto della crisi d'impresa, La Tribuna - Il Foro italiano, 2023, from Chapter I to Chapter XXIV included.
An updated Code of Business Crisis and Insolvency is also required as a study aid (d.lgs. n. 14/2019 as amended ).
An updated Code of Business Crisis and Insolvency is also required as a study aid (d.lgs. n. 14/2019 as amended ).
Assessment methods and Criteria
The final evaluation forms the object of an oral exam and is expressed in thirtieths, possibly cum laude.
Evaluation criteria take into consideration content accuracy, clarity of reasoning, critical analysis and rethinking skills.
Evaluation criteria take into consideration content accuracy, clarity of reasoning, critical analysis and rethinking skills.
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 6
Lessons: 42 hours
Professor:
Marinucci Elena Sara Chiara
Shifts:
Turno
Professor:
Marinucci Elena Sara ChiaraProfessor(s)