84458 - Legal Discipline of the Business Crisis

Learning outcomes

The course aims to provide students with knowledge of the fundamental principles that regulate corporate crisis and insolvency, bankruptcy and out-of-court procedures for warning, prevention and recovery, also examining the discipline of Judicial Liquidation, as a last resort, taking into account the main regulatory innovations, as well as the evolutionary prospects of the matter and the organizational and legal actions for the protection of the company in the rationale of the reform of the Corporate Crisis and Insolvency Code.

Course contents

The concept of entrepreneur in the CCII. The enterprise - the company and its protection in the CCII. The concept of crisis, insolvency and economic-patrimonial-financial imbalance: scope of application and definitions. The appropriate organizational, accounting and administrative structures. The objective and subjective prerequisites of the procedures. The Negotiated Composition of the Crisis. Crisis regulation tools: Certified recovery plan Debt restructuring agreements Facilitated restructuring agreements Extended effectiveness restructuring agreements Extended effectiveness restructuring agreements when debts to banks and financial intermediaries are no less than half of the overall debt Moratorium agreement Transaction on tax and contribution credits Restructuring plan subject to approval Preventive agreement Regulation tools for over-indebtedness crisis: Restructuring of consumer debts Minor agreement Judicial liquidation Controlled liquidation of the over-indebted.

Readings/Bibliography

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

o, in alternativa,

Diritto della crisi delle imprese, vol. II di Diritto commerciale, ultima edizione, a cura di M. Cian, Giappichelli, Torino, 2025, ad eccezione della Sezione Sesta.

Teaching methods

Frontal lesson with the aid of slides.

Assessment methods

The learning assessment is done through the final exam only, which verifies the acquisition of the expected knowledge and skills through an oral exam. It is not possible to keep books, notes or electronic equipment with you during the exam. Registration for the exam is mandatory and students must register through AlmaEsami according to the general rules of the School of Economics, Management and Statistics.

The final score is 30 points and the minimum to pass the exam is 18/30.

<18 insufficient;

18-23 sufficient;

24-27 good;

28-30 excellent;

30 with honors excellent.

Teaching tools

Slides provided by the teacher and uploaded on virtuale.it.

Office hours

See the website of Giovanni Battista Barillà