Teaching code

4S008954

Teacher

Federica Pasquariello

Coordinator

Federica Pasquariello

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/04 - BUSINESS LAW

Period

Secondo semestre (lauree) dal Feb 20, 2023 al May 31, 2023.

Lessons timetable Moodle Seminars 0

Learning objectives

The course aims to focus on Bankruptcy Law and deal with the legal profile of the crisis and insolvency, referring (even according to the Crisis Code in force since 2021) to bankruptcy, liquidation and administration proceedings, arrangements with creditors, as well as over-indebtedness consumer's proceedings. At the end of the lessons, the students are supposed to show full understanding of basic bankruptcy regulatory framework, deeper awareness of Corporate law and Business economics, as well as to be able to evaluate any strategies in order to prevent and overcome financial crisis and to manage it, through the proper bankruptcy proceeding, both in case of liquidation and in case of arrangement on a going concern basis. Finally, the students will be able to show how to consciously and correctly use both the specialist legal language and legal reasoning method.

Prerequisites and basic notions

Basic knowledge of commercial law

Program

General principles on the law of the corporate crisis The negotiated settlement of the crisis The arrangement with creditors and the restructuring agreements The judicial liquidation The over-indebtedness procedures Recommended text: D'Attorre, Manual of crisis and insolvency law, Giappichelli, 2022 ( except the chapters on extraordinary administration and compulsory administrative liquidation: no pagg 445-509). It is essential that the edition be that of 2022!

Bibliography

Didactic methods

Face-to-face (and recorded) lessons. For attending students, classroom activities (e.g. presentations) which will be rounded off during the exam

Learning assessment procedures

Written exam: 5 short open questions. Consultation of regulatory texts is not permitted. Duration of the test: 45 min An optional intermediate test is envisaged, which will consist of a short interview relating to the part of the program carried out up to that date; this test allows you to obtain a bonus of 0 to 5 points to add to the final exam score.

Evaluation criteria

Basic knowledge of crisis and insolvency law will be assessed, as per the program, and mastery of legal technical language

Criteria for the composition of the final grade

From o to 6 points for answers to open questions Bonus from 0 to 5 points to be added to the final exam score in case of intermediate exam; evaluation of classroom activities.

Exam language

italiano