LAW OF BUSINESS CRISIS AND INSOLVENCY

Academic year and teacher
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Versione italiana
Academic year
2019/2020
Teacher
ANDREA LOLLI
Credits
6
Didactic period
Secondo Semestre
SSD
IUS/04

Training objectives

EDUCATIONAL GOALS
In date January 10 th 2019 has been approved from the Government the so-called Code of the crisis of enterprise and the insolvency, that replaces the bankruptcy law (R.D. March 16 th 1942, n. 267) and the other procedures concorsuali.
Insofar, the course proposes him to furnish a vision of the so reformed discipline and the inspiring principles of the new normative.

Prerequisites

Students must possess a knowledge of the fundamental institutions of private law, in particular of private law governing property relationships (obligations and contracts), the system of sources of Italian law and the Constitution, as well as commercial law. And 'it recommended a knowledge of the principles of civil procedure law. Finally, you need to have sufficient logic capacity, the aptitude for reasoning and learning.

Course programme

Course programme
The program foresees the study of the New Code Of the Crisis Of enterprise And the insolvency, that has integrally reformed the subject of the procedures concorsuali and of the sovraindebitamento crisis, currently simplifying the norms in force and guaranteeing the certainty of the right. The ministers' Suggestion in date January 10 th 2019 has approved in by definitive the scheme of the legislative decree on the Code of the crisis of enterprise and the insolvency in realization of the Law delegates October 19 th 2017 n. 155.
The new Code the objective proposes him of:
• to reform in organic and unitary way the subject of the procedures concorsuali and of the sovraindebitamento crisis;
• to simplify the normative system in his/her complex, with the purpose to overcome the application difficulties over how interpretative.

Particularly, the matters of the lessons are the followings:1. The general principles 2. Procedures of allerta and assisted composition of the crisis 3. Procedures of regulation of the crisis and the insolvency 4. Tools of regulation of the crisis 5. Procedures of composition of the sovraindebitamento crisis 6. Arranged preventive 7. Judicial liquidation 8. Arranged in the liquidation 9. Esdebitazione 10. The groups of enterprises 11. Penal dispositions. Signs.
12. The changes to the civil code 13. The expenses of justice. Signs.
14. Gone into effect

Didactic methods

As part of the lessons of the General section will discuss the various institutions of the insolvency law, presenting the many regulatory interventions, the guidelines of the law and application practice. The teaching method used tends to direct involvement of the students even at the stage of the explanation of the new topics, through stress on the reasoning and the proposition of simple practical cases. As part of the special part lessons, insights will be carried out, even with the help of external experts and professionals in general, which have already expressed their willingness to accept interns, students and practitioners in the thesis.

Learning assessment procedures

As part of the exam is tested knowledge and thorough understanding and critique of insolvency law. The rule exam is oral.

Reference texts

FAUCEGLIA, Il nuovo diritto della crisi e dell'insolvenza, Giappichelli, marzo 2019.
it will be necessary to equip him with a Code of the crisis and the insolvency adjourned. Indications of bibliographical material of support will be furnished besides during the lessons and with notices on the home page