Scientific Disciplinary Sector (SSD)
IUS/04 - BUSINESS LAW
1° periodo lezioni (1B) dal Nov 4, 2022 al Dec 16, 2022.
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
General principles on the correct organization of the company. The business crisis. Concept and classification of the Code of the corporate crisis and insolvency. The negotiated settlement of the crisis The arrangement with creditors and the restructuring agreements The judicial liquidation The over-indebtedness procedures
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On-site and recorded lessons
Learning assessment procedures
the exam will take place in oral form in order to verify not only the learning of the concepts, but also the ability to express them in a correct technical lexicon. The procedures will be similar for attending and non-attending students and for Erasmus students. There are no intermediate tests.
the following will be assessed: - knowledge of the individual institutes; - the ability to reconnect concepts and institutions - the ability to express oneself with an appropriate technical language. the three criteria will contribute equally to the composition of the final grade.
Criteria for the composition of the final grade
The final grade will be awarded at the end of a single final oral exam in which the achievement of the educational objectives in terms of acquisition of knowledge, skills and competences transmitted within the two modules into which teaching is divided into the light will be ascertained. of the criteria specified above.