Instructional goals
Enhance the professionalizing nature of the subject, so as to allow students to have, immediately after graduation, a specialized operational competence.
Prerequisites
Knowledge of commercial law
Intended learning outcomes
Basic knowledge of the rules of procedures to manage the crises;
habit of consulting legal texts; acquisition, through the examination of court cases, the awareness of the practical significance of theoretical knowledge
Course Contents
The corporate crisis discipline dictated by the d. lgs. 12 January 2019, n. 14 (Code of business crisis and insolvency).
Reference Books
Sergio Di Amato
Diritto della crisi d'impresa
Giuffrè 2022
Teaching Methods
Lectures with the constant use of the text of the law as well as examination and discussion of practical cases
Assessment Method
Oral exam. In addition, during the course will be conducted seminars for the solution of practical cases with the active participation (individual or groups) of students; these activities will contribute to the formation of the final evaluation
Thesis assignment criteria
NO
Week 1 Contenuto sessioni on line e on campus
The regulation of business crises: needs and paths; the new approach of the Code of business crisis and insolvency.
The subjective requirements for access to corporate crisis regulation procedures.
Week 2 Contenuto sessioni on line e on campus
The objective requirements for access to corporate crisis regulation procedures.
The negotiated settlement of the crisis
Week 3 Contenuto sessioni on line e on campus
The unitary procedure for accessing corporate crisis regulation procedures.
The judicial liquidation: bodies.
Week 4 Contenuto sessioni on line e on campus
The judicial liquidation: custody and assets administration; provisional exercise and company lease.
The judicial liquidation: effects for the debtor.
Week 5 Contenuto sessioni on line e on campus
The judicial liquidation: effects for creditors.
The judicial liquidation: pending legal relationships.
Week 6 Contenuto sessioni on line e on campus
The judicial liquidation: revocatory action.
The judicial liquidation: liabilities establishing.
Week 7 Contenuto sessioni on line e on campus
The judicial liquidation: assets liquidation.
The judicial liquidation: assets allocation.
Week 8 Contenuto sessioni on line e on campus
The judicial liquidation: closure.
The composition with court settlement.
Week 9 Contenuto sessioni on line e on campus
The judicial liquidation of companies.
The certified recovery plan and the debt restructuring agreements.
Week 10 Contenuto sessioni on line e on campus
The arrangement with creditors: requirements and functions.
The preventive arrangement with creditors: content of the proposal and formation of the classes; offers and competing offers.
Week 11 Contenuto sessioni on line e on campus
The arrangement with creditors: effects of admission to the procedure.
The arrangement with creditors: approval.
Week 12 Contenuto sessioni on line e on campus
The arrangement with creditors with creditors: judicial approval and execution.
Notes on the simplified arrangement; on the approved restructuring plan; on the minor arrangement.