BUSINESS CRISIS AND INSOLVENCY LAW

Single discipline educational activity

Course Sheet

Course code:

000426L

Academic Year of enrolment:

2020

Year of supply:

2020/2021

Type of Course:

Characterising

Degree:

Course of 2nd Cycle Degree in BUSINESS ADMINISTRATION

Disciplinary Sector:

Commercial Law

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

BRIOLINI Federico

Cycle:

Second semester

Hours of classroom activity:

Individual study hours:

153

Prerequisites:

Appropriate knowledge of legal institutions and the subject of Commercial Law.

Objectives

Provide advanced legal preparation and allow the acquisition of knowledge of the principles of the legal system in its various configurations, so that the student is able to analyze business cases and documents and to express judgments and autonomous issues examined with specific legal considerations, making use of communication skills that allow it to adequately represent the problems of companies in crisis.

EXPECTED LEARNING RESULTS:
It is expected that the student:
- assimilates the fundamental concepts of Enterprise Crisis Law;
- knows adequately the institutes and the norms object of study;
- is able to correctly set and resolve legal cases concerning the subject;
- knows how to express oneself with formalized legal language.

KNOWLEDGE AND UNDERSTANDING ABILITY:
At the end of the course the student will:
- have assimilated the fundamental concepts of Enterprise Crisis Law;
- have acquired the fundamental tools for the analysis in legal terms of the phenomenon of the enterprise in crisis, in its various forms;
- have developed the ability to formalize problems and solve them (problem solving).

Contents

The course aims to impart the fundamental notions of Enterprise Crisis Law, having particular regard to the reform made by Legislative Decree 14/2019 and subsequent interventions on the subject.

Extended Syllabus

6 CFU MODULE: The tools for resolving enterprise crisis. The general principles. Alert procedures and assisted settlement of the crisis. Recovery plans. Debt restructuring agreements. The arrangement with creditors. The procedure for the opening of judicial liquidation. The organs of the procedure. The effects of the opening of the procedure for the debtor and for the creditors. The effects on acts prejudicial to creditors and on pre-existing legal relationships. The custody and administration of the activities included in the judicial liquidation. The assessment of the liabilities and the rights of third parties. The provisional exercise of the company, the rental of the company and the liquidation of the assets. The allocation of assets. The closure of the procedure. The arrangement in judicial liquidation. Judicial liquidation of companies. 3 CFU MODULE: Administrative compulsory liquidation. The "common" extraordinary administration. The "special" extraordinary administration. The provisions relating to groups of companies. Bankruptcy procedures for over-indebtedness.

Recommended Bibliography

NIGRO-VATTERMOLI, Diritto della crisi delle imprese. Le procedure concorsuali, 5a edition, Il Mulino, Bologna, 2021
- or -
D'ATTORRE, Manuale di diritto della crisi e dell'insolvenza, Giappichelli, Turin, 2021

Methods of Provision

Conventional

Teaching Methods

Oral frontal lessons carried out also with the help of specific didactic material (Courts' decisions or other provisions)

Evaluation methods

Verification of learning:

Final oral exam, consisting of questions related to topics included in the program, in order to verify the student's knowledge of the subject and the critical reasoning ability.

Contacts/More Information

Days and time of reception of students: Thursday 12: 30-13: 30; in the days of class, at the end of the same

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree