Teaching code

4S008954

Academic staff

Andrea Caprara, Federica Pasquariello

Coordinator

Andrea Caprara

Credits

6

Also offered in courses:

• Restructuring and Insolvency Law of the course Combined Bachelor's + Master's degree in Law

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/04 - BUSINESS LAW

Period

1° periodo lezioni (1B) dal Nov 4, 2022 al Dec 16, 2022.

Lessons timetable Moodle Seminars 0

Learning objectives

The course is included in the learning area on Risk Management. It aims to address, from both a substantive and procedural point of view, the regulation of business crisis and insolvency as reformed by the Business crisis and insolvency Code (Legislative Decree No. 14 of 12 January 2019), which replaces the Bankruptcy Law (R.D. No. 267 of 16 March 1942) and the Law on over-indebtedness (Law No. 3 of 27 January 2012).
In particular, the course will address the issues related to procedures of alert, assisted composition and crisis regulation, composition procedures, arrangement with creditors, judicial liquidation, and debt relief, both from the perspective of individual companies, and groups.
At the end of the course, the student will acquire the ability to formulate, autonomously and critically, complex opinions and argumentations on the main topics of the course.
Students will also acquire the ability to face and solve practical problems typical of the professional context in which they will operate, thus orienting their competence to the goal of contractual compliance and to the prevention of the judicial conflicts. Students will also be able to verify the practical and applicative consequences of the theoretical and regulatory framework and to set, in written and oral form (and also through group work, written exercises and the method of Problem Based Solving - PBS), the solution to concrete issues, using the appropriate and specific disciplinary vocabulary, adopting the correct lines of reasoning and argumentation, and formulating autonomous judgments. The teaching method used is functional to the continuous learning and updating of acquired knowledge.

Prerequisites and basic notions

Basic knowledge of commercial law and private law

Program

1. General principles on the correct organization of the company. 2. The business crisis. Concept and framework of the Code of the corporate crisis and insolvency. 3. The negotiated settlement of the crisis 4. The judicial liquidation 5. Notes on arrangement with creditors and restructuring agreements; and over-indebtedness procedures 6. Company law profiles of the crisis

Bibliography

Didactic methods

On-site and recorded lessons. During the lessons we will also organize group exercises organized according to the Problem Based Solving (PBS) method. At the end of the first part of the course (18 hours) there will be the presentation of the in-depth papers and the final discussion. The second part of the course focuses on the corporate law of the crisis; the matter will be prepared with the aid of a reference text (F. Pasquariello, Posthumous bankruptcy liquidations and other corporate law courses in insolvency, ESI, 2022),

Learning assessment procedures

For students who will follow the lessons, the assessment of learning will be based on two different elements: 1. Oral exam on the topics addressed during the course 2. Paper and presentation of the group work (max 3000 words). For students who will not attend the lessons, the verification of learning will take place through a single oral exam on the topics selected in the reference texts. Video recordings of lessons will be available, upon request, for authorized working students. Erasmus students will be able to take the exam with an oral presentation of a written paper in Italian on topics agreed with the teacher. The thesis will be discussed during the exam in Italian. The text to be studied for the exam by non-attended students is the following: G. D'Attorre, Manual of law of the crisis, Giappichelli, 2022 (2 ed.) limited to the following pages: - from p. 1 on p. 46 (referable to the first module, Prof. Caprara); - from p. 47 on p. 184 (referable to the second module, Prof. Pasquariello) - from p. 197 on p. 364 (referable to the first module, Prof. Caprara) - from p. 385 on p. 445 (referable to the second module, Prof. Pasquariello)

Evaluation criteria

The evaluation will take place through the following criteria: - the depth and breadth of the knowledge acquired; - the property of language; - analytical and argumentative ability; - the capacity for critical reflection. The final evaluation is expressed in 30ths.

Criteria for the composition of the final grade

For students who will attend the lessons and will carry out the scheduled tests, the final score, elaborated according to the criteria indicated above, will be divided as follows: - Oral exam on the topics covered during the course (50%) - Paper and presentation of group work ( max 3000 words) (50%) For students who will not attend the lessons, the score refers to the single oral exam.

Exam language

italiano