84458 - Legal Discipline of the Business Crisis

Learning outcomes

The course aims to provide students with a solid understanding of the fundamental principles governing corporate crisis and insolvency, including judicial and out-of-court restructuring and insolvency procedures. Particular attention will be devoted to Judicial Liquidation as the procedure of last resort. The course also examines the main legislative developments, the evolving framework of insolvency law, and the organisational and legal measures available to preserve businesses, in line with the objectives and guiding principles of the Italian Code of Business Crisis and Insolvency.

Course contents

The course covers the following topics:

• Regulation (EU) 2015/848 on cross-border insolvency;
• Directive (EU) 2019/1023 on preventive restructuring frameworks;
• Directive (EU) 2026/799 harmonising certain aspects of insolvency law;
• The Italian legal framework governing insolvency and restructuring proceedings, with particular reference to legal instruments for regulation of crisis and insolvency
  

Readings/Bibliography

Lineamenti di diritto della crisi e dell'insolvenza, II edizione, a cura di Irrera, Pasquariello, Perrino, Zanichelli, Bologna, 2025, excluding chapters XIV e XV;

o, in alternativa,

Diritto della crisi delle imprese, vol. II di Diritto commerciale, ultima edizione, a cura di M. Cian, Giappichelli, Torino, 2025, excluding Part VI.

Teaching methods

The lectures are designed to provide students with an in-depth understanding of the applicable legal framework, as well as its practical and theoretical implications. Particular emphasis will be placed on the analysis of case studies, with the aim of enabling students to develop the knowledge and skills required in professional practice.

The topics covered by the course will be examined in depth and discussed during class, with active student participation encouraged.

Assessment methods

During the oral examination the students will have to show their knowledge of bankruptcy law by discussing the subjects studied in their textbooks.

Students with learning disorders and/or temporary or permanent disabilities can contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

By way of example, the following criteria will be used to assess the final mark (that will be out of 30/30):

- sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

- extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

Teaching tools

Apart from the handbooks suggested for studying all the contents of the course, during the lectures the teacher will indicate other books, articles, judgments about subjects which could be particularly interesting for the students.

Office hours

See the website of Carla Avolio