Company Crisis and Insolvency - Civil Execution

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.
The program also includes the regulation of the so-called extraordinary administration (insolvency proceedings reserved for large insolvent companies) and of the compulsory administrative liquidation (also examining some important application hypotheses).
Procedures for settling the over-indebtedness crisis (consumer debt restructuring, so called 'minor composition' and controlled liquidation) will also be examined.
The course is then devoted to examining the interference between crisis law and company law in judicial liquidation (in particular: limited liability companies, companies with unlimited liability partners and groups).
Finally, the course will deal with the principles and discipline of forced execution, with a focus on enforced expropriation and, in passing, tax execution.