93353 - Andvanced Business Crisis Law

Learning outcomes

The course aims to deepen, within the framework of the fundamental principles that govern insolvency procedures, some specific issues that characterize the practice, taking into account the main regulatory innovations as well as the evolutionary prospects of the subject. Particular attention will be given to the analysis of jurisprudential pronouncements, in order to provide the student with in-depth knowledge useful for the understanding of practical cases.

Course contents

The Course aims to deepen some specific aspects of the Italian legislation on insolvency procedures, focusing on some particular issues in the field of:

- judicial liquidation, in particular revocation actions;

- actions for liability of the administrator;

- hidden entrepreneur and judicial liquidation of the hidden partner;

- composition with creditors, in particular the abuse of the composition with creditors;

- debt restructuring agreements and their legal nature;

- problems of the crisis of corporate groups;

- over-indebtedness and minor composition with creditors;

- administrative compulsory liquidation and bank resolution;

- extraordinary administration of large insolvent companies.

During the lecture, the study and discussion of the above topics will be based on the analysis of cases from professional and jurisprudential practice.

Particular attention will be paid to the reform of the business crisis and insolvency disciplines through the analysis of the recently approved Business Crisis Code.

The course aims to provide students with an in-depth knowledge of bankruptcy law and business crisis, which goes beyond the classical notions of institutional courses. Attendance at the course is particularly recommended for all students who intend to devote themselves to the profession of chartered accountant and auditor, as well as expert consultant in the drafting and management of corporate recovery plans.

Readings/Bibliography

FAUCEGLIA, Il nuovo diritto della crisi e dell'insolvenza (seconda edizione), Giappichelli, Torino, 2021.

Per approfondimenti:

D'ATTORRE, Manuale di diritto della crisi e dell'insolvenza, Giappichelli, Torino, 2021

or, alternatively,

CECCHELLA, Il diritto della crisi dell'impresa e dell'insolvenza, Cedam, Padova, 2020

or, alternatively,

AMBROSINI, PACCHI, Diritto della crisi e dell'insolvenza, Zanichelli, Bologna, 2020

or, alternatively,

CIAN (a cura di), Diritto commerciale, II, Diritto della crisi d'impresa, Giappichelli, Torino, 2019.

The Course in question is of an advanced nature: this means that the texts indicated, which can be adopted in the basic courses, always require the in-depth study provided by the teacher, through the appropriate material that will be communicated during the Course itself.

Teaching methods

Frontal lesson.

Lesson will deal with practical cases (judgements) through slides, designed to provide the student with practical knowledge useful to understand the phenomena related to the crisis of enterprises.

Assessment methods

Oral examination.

The profit marks are divided as follows:

• <18 insufficient

• 18-23 sufficient

• 24-27 good

• 28-30 excellent

• Excellent 30 cum laude

To attending students will be reserved a personalized path consisting in the study and exposure of a case chosen between those analyzed in class.

Teaching tools

The teacher will make slides available during lessons.

Office hours

See the website of Giovanni Battista Barillà