77994 - DIRITTO DELLA CRISI DI IMPRESA

Learning outcomes

Aim of the course is giving the students a deep and complete knowledge of Italian insolvency law and a framework of European law on the crisis. It will be studied European Regulation n. 848-2015, on insolvency proceedings, together with Italian law governing the following proceedings: “liquidazione giudiziale” (bankruptcy), “concordato preventivo”, “accordi di ristrutturazione dei debiti” and “piani di risanamento” (agreements with creditors), “liquidazione coatta amministrativa” (compulsory administrative liquidation), “amministrazione straordinaria delle grandi imprese in stato di insolvenza” (extraordinary administration of big corporations in state of insolvency). Specific focus will be also given to European and Italian law on overindebtedness.

Course contents

The course provides an in-depth knowledge of business crisis and insolvency law in the light of the recent reform of Legislative Decree no. 83 of 17 June 2022.

In particular, the issues of crisis and insolvency and the instruments for regulating business crisis and insolvency as declined by the reform in the wake of the Insolvency Directive are discussed.

Particular attention is paid to the new institutions of the negotiated settlement of the crisis, the composition with creditors and the simplified composition with creditors, the debt restructuring agreements, the restructuring plan subject to approval, the composition with creditors and the judicial liquidation with reference to the extraordinary administration of large companies in crisis.

Readings/Bibliography

S. Pacchi - S. Ambrosini, Diritto della crisi e dell'insolvenza, terza edizione - aggiornata al d.lgs. 17 giugno 2022, n. 83, Bologna, 2023

Teaching methods

During the lessons, a reasoned reading of the text of the Code of Business Crisis and Insolvency and of the bankruptcy law is provided with extensive case law and interpretation.

Assessment methods

The exams are held in oral form by verifying the topics covered by the program

Teaching tools

Italian Civil Code

Code of enterprise crisis and insolvency

Bankruptcy Law

Office hours

See the website of Edgardo Ricciardiello

See the website of Manuel Del Linz