Provide the essential concepts of insolvency law, with particular regard to substantive and procedural aspects, also according to the entry into force of the reform of the insolvency law discipline, contained in the Legislative Decree no. 14 of 12 January 2019 and its amendments and additions.
Course Prerequisites
A knowledge of commercial law is likely to facilitate the attendance of the course.
Teaching Methods
The course will be held through frontal lessons.
Assessment Methods
The exam will be held by oral examination, during which the knowledge of the institutes and the ability to analyse the issues they are intended to regulate will be assessed.
Texts
G. D'Attorre, Manuale di diritto della crisi e dell'insolvenza, Giappichelli Editore, edition III, 2024
Contents
Program: - origin and evolution of the insolvency law; - the essential requirements of the procedures governed by the Code of business' crisis and insolvency; - the principles of the unitary procedure regulating the crisis and insolvency status; - the negotiated settlement of the business crisis; - the unitary procedure to access to the procedures for regulating the crisis and insolvency; - the crisis regulation tools: certified recovery plan; debt restructuring and standstill agreements; approved restructuring plan; arrangement with creditors; - the judicial liquidation: the effects of the opening of judicial liquidation; asset administration; the ascertainment of bankuraptcy liabilities; the liquidation and the division of the assets; the closure of the procedure; the arrangement in the judicial liquidation; - the so called "esdebitazione"; - the settlement procedures of crisis for over-indebtedness; - certified recovery plan, standstill and debt restructuring agreements; - arrangement with creditors in the bakruptcy law and in the Code of business' crisis and insolvency; - crisis and insolvency for business groups; - compulsory administrative liquidation.
Course Language
Italian
More information
For students attending this course, the examination will focus mainly on the topics covered in the lectures and its preparation may be based on the material used to support the lectures and their further content.
