82131 - Insolvency Proceedings

Learning outcomes

The aim of the course is to provide students with in-depth knowledge, both theoretical and practical, of insolvency proceedings. Building on fundamental concepts and doctrines learned in the courses of private law and corporate law, students will be instructed on the new Italian legislation on insolvency proceedings which end in the liquidation of the debtor and discharge of debt. Specific in-depth analysis will also be dedicated to "consumer" over-indebtedness.

Course contents

After a n introduction on Directive (EU)2019/1023, on preventive restructuring frameworks, the course will deepen: 

I: Insolvency proceedings and discharge of debt.

II: Special restructuring proceedings (including "consumer" over-indebtedness).

Readings/Bibliography

G. D'Attorre, Manuale di diritto della crisi e dell'insolvenza, Giappichelli, II edition (September 2022)

Teaching methods

Lectures.

Since this is a recently reformed subject (entered into force on July 15, 2022), it will be the teacher's responsibility to bring the doctrinal and jurisprudential debate in progress back to class, also through the assignment and discussion of practical cases.

Assessment methods

Oral exam. 

Grading system (varying chiefly on the basis of control of technical language): 

- Below 18: failed. 

- Between 18 and 19: fair.

- Between 20 and 23: almost independent.

- Between 24 and 26: good overall.

- Between 27 and 30: very good to totally independent.

- 30L (with honor)

Teaching tools

Textbook, journal articles, additional handouts, and PowerPoint slides. Presentation and comment on jurisprudential decisions (also relating to the previous regulatory framework, where compatible). Legal-economic databases and search engines.

Office hours

See the website of Francesco Quarta