Tools for the Protection of Company Assets
A.Y. 2024/2025
Learning objectives
The aim of this course is to provide a theoretical and practical overview of the main corporate asset protection instruments. After an introduction to financial liability, different asset protection instruments will be analysed. On the one hand credit warranties, which aim to strengthen the creditor's right to have his claim satisfied, and, on the other hand, the asset separation tools, which contribute to the company's stability and protect its assets from future and unpredictable debt exposures. The final goal is to offer a complete and up-to-date overview of the subject of asset liability, with a focus on credit enforcement and asset protection instruments under Italian private law.
Expected learning outcomes
At the end of the course, students will have:
1) achieved an adequate knowledge and effective understanding of the subject matter of the course;
2) developed analytical skills enabling them to frame cases, interpret rules and apply them to particular cases;
3) acquired communication skills enabling them to express the knowledge acquired using legal language, with
coherent explanations and conceptual clarity;
4) acquired an in-depth knowledge of the topics addressed in lectures, thus being able to independently extend
and update the skills acquired.
1) achieved an adequate knowledge and effective understanding of the subject matter of the course;
2) developed analytical skills enabling them to frame cases, interpret rules and apply them to particular cases;
3) acquired communication skills enabling them to express the knowledge acquired using legal language, with
coherent explanations and conceptual clarity;
4) acquired an in-depth knowledge of the topics addressed in lectures, thus being able to independently extend
and update the skills acquired.
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
The course focuses on the debtor's financial liability, the instruments for preserving the generic asset security and the legal tools aimed at protecting the company's assets both through asset separation and credit securities, which reinforce the creditor's right to have his claim satisfied.
General Part: 1. Debt enforcement and financial liability. - 2. Strengthening and mitigation of financial guarantee. - 3. Warranties and limitations of liability: asset separation and the differences between affirmative asset partitioning and defensive asset partitioning.
Special part: 1. Asset partitioning in the trust. - 2. Funding destined for a specific purpose. - 3. Collateral: general features. - 4. Non-possessory collateral: mortgage, non-possessory pledge and lien pursuant to Article 46 T.U.B.
- 5. Securities in rem: the pledge and its typlogies. - 6. The concept of par condicio creditorum, legitimate causes of pre-emption and conflicts between them. - 7. Impairment of the par condicio creditorum: anomalous pledges and so- called "patto marciano". - 8. Means of preservation of the generic asset security: subrogation, ordinary revocation action
and attachment. - 9. The protection of the debtor and the prohibition of covenants of forfeiture.
General Part: 1. Debt enforcement and financial liability. - 2. Strengthening and mitigation of financial guarantee. - 3. Warranties and limitations of liability: asset separation and the differences between affirmative asset partitioning and defensive asset partitioning.
Special part: 1. Asset partitioning in the trust. - 2. Funding destined for a specific purpose. - 3. Collateral: general features. - 4. Non-possessory collateral: mortgage, non-possessory pledge and lien pursuant to Article 46 T.U.B.
- 5. Securities in rem: the pledge and its typlogies. - 6. The concept of par condicio creditorum, legitimate causes of pre-emption and conflicts between them. - 7. Impairment of the par condicio creditorum: anomalous pledges and so- called "patto marciano". - 8. Means of preservation of the generic asset security: subrogation, ordinary revocation action
and attachment. - 9. The protection of the debtor and the prohibition of covenants of forfeiture.
Prerequisites for admission
Basic knowledge of private law (contract, property rights and tort) is required.
Teaching methods
The course consists of lectures. Sufficient space will be devoted to the examination of practical cases.
Teaching Resources
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's Moodle platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's Moodle platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's Moodle platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's Moodle platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's Moodle platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's Moodle platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's MyAriel platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's Moodle platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's Moodle platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's Moodle platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's Moodle platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's Moodle platform.
The reference materials for attending students will be provided during the lectures, while those for non-attending students will be available on the course's MyAriel platform.
Assessment methods and Criteria
The final examination will consist of an interview aimed at ascertaining knowledge of the subject matter of the course and its comprehension and at assessing the ability to synthesise and present with appropriate legal terminology.
The grade will be expressed in thirtieths, with honours where appropriate.
In the assessment, the content correctness, the accuracy of the answers given by the student, his or her clarity of exposition and coherence of argumentation as well as the level of critical analysis and re-elaboration skills will be taken into account.
The grade will be expressed in thirtieths, with honours where appropriate.
In the assessment, the content correctness, the accuracy of the answers given by the student, his or her clarity of exposition and coherence of argumentation as well as the level of critical analysis and re-elaboration skills will be taken into account.
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 42 hours
Professors:
Dalmartello Andrea, Saavedra Servida Blanca Ignacia Maria
Shifts:
Educational website(s)
Professor(s)
Reception:
Wednesday, h. 14.15
Private Law and Legal History Department