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

Royal Decree n. 267/1942, on "Fallimento" and other insolvency proceedings.

The new Code of Crisis and Insolvency.

Readings/Bibliography

S. Pacchi - S. Ambrosini, Diritto della crisi e dell'insolvenza, Bologna, 2022,

or

G. D'Attorre, Manuale di diritto della crisi e dell'insolvenza, Torino, 2022.

Teaching methods

During the lectures, it will be made a general, social and economic framework of the subjects.

Propaedeutic exams: Private Law; Business Law.

 

Assessment methods

Oral examination aimed to verify the understanding of the regulatory scheme governing the sector.

By way of example, the following criteria will be used to assess the final mark (that will be out of 30/30):

• sufficient or barely sufficient knowledge on the programm, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;
• fairly good knowledge of the programm, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;
• comprehensive knowledge of the programm, notable reasoning ability, good command of technical and legal language → 26-29/30;
• extensive knowledge of the programm, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

To attend the exam, each student must sign up via AlmaEsami within the deadline. Those who cannot sign up must immediately (before the official closing of the subscription lists) communicate the problem to the teaching secretariat. Deciding whether to allow not enrolled students to attend the exam or not, is up to the teacher.

The teacher will minute the final mark on the date set and indicated in Almaesami.

Teaching tools

During the lectures the teacher will indicate articles and judgments about subjects which could be particularly interesting for the students.

Office hours

See the website of Rolandino Guido Guidotti

See the website of Edgardo Ricciardiello