Learning outcomes

Bankrupcty law studies the business crisis through bankruptcy in the event of insolvency or through contracts and agreements to solve the crisis. The Bankruptcy Act (decree No. 267 of 1942) has been changed by numerous reforms designed to make bankruptcy proceedings more modern and flexible. The study of the subject matter is completed with the discipline on the composition of the crisis of over-indebtedness and liquidation of the debtor's property when the debtor cannot be declared bankrupt, under Law n. 3 of 2012.

Program

The function of bankrupcty and the general characteristics of the proceeding.
The prerequisites.
Jurisdiction and standing for the declaration of bankruptcy. The bankruptcy decision and the means of appeal.
Organs: The Bankruptcy Court; the delegate Judge (giudice delegato); the Trustee (curatore); the creditors’ committee.
The effects of bankruptcy on the debtor and the creditors. Clawback actions. The fate of existing legal relationships.
Valuation of the debtor’s liabilities.
The liquidation and distribution of assets.
The closure of the bankruptcy. The bankruptcy agreement.
Liberation from debts
The Companies' bankrupcty.
The negotiated solutions to the crisis. The arrangement with creditors.
The composition of the indebtedness crisis and the liquidation of the property of the debtor that cannot be declared bankrupt.
De iure condendo perspectives.

Examination Methods

Oral examination. Only attending students will have the option to take at the end of the course and on a date before the one set for the oral examination a test (preappello), written or oral.

Teaching materials e documents

•   PROGRAMMA E TESTI CONSIGLIATI   (msword, it, 25 KB, 7/27/16)