32355 - Bankruptcy Law

Learning outcomes

At the end of the course the student will have a complete knowledge of Italian bankruptcy law.

Course contents

Modulo I

The concept of entrepreneur in the CCI.

The artisan and small entrepreneur.

The concept of insolvency: the economic crisis of the company.

The individual and bankruptcy procedures.

The objective and the subjective assumptions of liquidation.

The judgment declaring the liquidation.

The organs of the procedure.

The effects of bankruptcy on personal and property relations.

The system of the claw, claw-relationships between actions and simulation.

The causes of pre-emption: privileges, pledges and mortgages. A determination of liability.

The liquidation closing.

The arrangement with creditors.

Modulo II

The Negotiated Settlement.

The agreements in execution of the Attested Plans of Rehabilitation

The Moratorium Agreement

The unitary procedure. The protective and precautionary measures

Debt restructuring agreements

Preventive Liquidation and Continuing Concordat

Restructuring plan subject to approval

Simplified Concordat

Group crisis and insolvency

Tax and social security debts in crisis and insolvency regulation instruments.

Readings/Bibliography

G. D'Attorre, Manuale di diritto della crisi e dell'insolvenza, Torino, Giappichelli, 2022 (excluded Chap. XIII)

A. Nigro, D. Vattermoli, Diritto della crisi delle imprese, Le procedure concorsuali, Il Mulino, Bologna, 5 ed., 2021 (excluded cap XXII e XXIII)

G. Fauceglia, Il nuovo diritto della crisi e dell'insolvenza (d.lgs. 12 gennaio 2019, n.14), Torino, 2019

M. Cian (a cura di), Diritto commerciale II. Diritto della crisi d'impresa, Giappichelli, Torino, 2019 (con esclusione § 14 e 15)

FOR A STUDY OF PREVIOUS LAW

M. Sandulli, G. D'Attorre, Manuale delle procedure concorsuali, Giappichelli, Torino, 2016 (con esclusione Sezione VII, IX, X, XI)

C. Cecchella, Diritto fallimentare, CEDAM, 2015 (con esclusione dei capitoli 12 e 15)

L. Guglielmucci, Diritto fallimentare, Giappichelli, Torino, VI ed., 2014 (con esclusione delle Parti Terza e Quarta)

C. Modenese, D. Pasquariello, N. Soldati, Il fallimento e le procedure negoziali di soluzione della crisi, Gruppo 24 Ore, 2015

Teaching methods

Traditional lectures

Assessment methods

The exam is aimed at evaluating the skills and the critical abilities developed by the students

The exam is oral.

It is not possible to bring books, personal notes or electronic devices in the exam. Registration for the exam is compulsory, and students have to register through AlmaEsami [https://almaesami.unibo.it/almaesami/welcome.htm]

The exam is aimed at evaluating the skills and the critical abilities developed by the students

The exam is oral.

It is not possible to bring books, personal notes or electronic devices in the exam. Registration for the exam is compulsory, and students have to register through AlmaEsami [https://almaesami.unibo.it/almaesami/welcome.htm]

As for the gradation of the vote, expressed out of thirty, the following general criteria are used:

Insufficient: 0-17 Insufficient and inadequate knowledge of the topics contained in the program, gaps in the program, overall incorrect language

Sufficient: 18-20 Sufficient knowledge of the topics contained in the program and overall correct language

Fair: 21-23 Fair knowledge of the topics contained in the program, fair ability to deepen and analyze some specific parts, overall correct language

Good: 24-26 Good knowledge of the topics contained in the program, good in-depth and analysis skills on the different specific parts of the program, good analytical and critical skills, overall correct and technically adequate language

Distinguished: 27-28 More than good knowledge of all the topics contained in the program, good in-depth and analysis skills on the different specific parts of the program, good connection skills between the different topics, good analytical and critical skills, overall correct and technically adequate language, with a good command of specific technical terminology

Great: 29-30 Excellent knowledge of all the topics contained in the program, excellent ability to deepen and analyze the different specific parts of the program, excellent skills in connecting the different topics, excellent analytical and critical skills, overall correct and technically adequate language, with mastery more than good of the specific technical terminology Excellent:

30L Excellent knowledge of all the topics contained in the program, excellent ability to deepen and analyze the different specific parts of the program, excellent ability to connect between the different topics, excellent ability to analyze and criticize, overall correct and technically adequate language, with excellent mastery of specific technical terminology

 

Teaching tools

Papers

Office hours

See the website of Nicola Soldati

See the website of Elena Bernardi