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Single discipline educational activity
Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Prerequisites:
Knowledge of the basic arguments of private law and commercial law; in particular the concepts of contract and liability of the debtor
Objectives
Contents The reference legislation has undergone a significant change due to the introduction in our system of the new code of crisis and insolvency, issued by d.lgs. 12 January 2019, n. 14, which will come into force in August 2020; the course aims to provide an analysis of what constitute the fundamental lines of our competition system, in its perennial search for a reasonable point of equilibrium between the need of adequate satisfaction of the creditors of the distressed commercial enterprise and the aspiration to recover, as far as possible, of the same enterprise, in the light of the new principles emerging from the recent reform
Extended Syllabus THE NEW RULES OF CRISIS AND INSOLVENCY:
1) THE GENERAL AND COMMON PRINCIPLES PROVIDED FOR IN THE NEW CODE
-scope of application
- definitions
- obligations of the parties
- cost-effectiveness of procedures
- principles of a procedural nature
2) THE INSTRUMENTS INTRODUCED FOR THE EARLY EMERGENCE OF THE CRISIS
- alert
- assisted composition of the crisis
3) CRISIS AND INSOLVENCY SETTLEMENT PROCEDURES
Jurisdiction
Competence
Cessation of activity
4) ACCESS TO CRISIS AND INSOLVENCY SETTLEMENT PROCEDURES
initiative
Procedure
Precautionary and protective measures
5) INSTRUMENTS FOR SETTING THE CRISIS
certified recovery plans
Restructuring agreements and moratorium agreements
agreed prior
6)JUDICIAL SETTLEMENT
conditions of judicial liquidation and the bodies responsible
Effects of the opening of court winding-up
for the debtor, creditors, acts
injurious to creditors,
pending legal provisions,
7) CUSTODY AND ADMINISTRATION OF ASSETS INCLUDED IN THE JUDICIAL LIQUIDATION
8) DETERMINATION OF LIABILITIES AND RIGHTS OF THIRD PARTIES IN RESPECT OF ASSETS INCLUDED IN THE JUDICIAL LIQUIDATION
9) EXERCISE OF THE UNDERTAKING AND LIQUIDATION OF ITS ASSETS
10) BREAKDOWN OF’ASSETS
11) CESSATION OF COURT WINDING-UP PROCEEDINGS
12) AGREED IN THE COURT SETTLEMENT
13) JUDICIAL LIQUIDATION AND AGREED UPON IN THE JUDICIAL LIQUIDATION OF THE COMPANIES
14) DEBT INCURRED
15) PROVISIONS CONCERNING GROUPS OF UNDERTAKINGS
16) INSTITUTES FOR THE RESOLUTION OF THE CRISIS OF CIVIL DEBTORS
Recommended Bibliography In the light of the recent reform, it is not possible at the moment to give an indication of the textbooks that will certainly be available in the coming months and will be reported at the beginning of the course
In any case, it is essential to use the standard text for the preparation of the examination
Teaching Methods .The Teaching is structured in 72 hours of frontal teaching. The aim of the lectures is to stimulate the participation of students in the classroom discussion, also through the continuous practical exemplification of the topics covered. In order to stimulate the attainment of this objective, working parties will be set up on matters dealt with by the case law.
During the course students can be offered some tests of the learning to be carried out in the classroom, with questions, in written or discursive form, in order to verify the understanding of the subjects dealt with but which do not have the value of evidence of exemption.
The frequency is optional but recommended, and the final test will be the same for frequent and not.
Evaluation methods Verification of learning:
The learning will be verified through an oral test, composed of 2/3 questions, to ascertain the ability to interpret and analyse the problems studied; in particular, the student must demonstrate that he has acquired, as well as the knowledge of institutions, the ability to understand phenomena as a whole, the autonomy of judgment and communication skills. To this end, particular attention will be paid to the appropriateness of the language used, the ability to establish links between different topics and the ability to interact critically on the topics proposed by the teacher. The degree of depth of the subjects studied will determine the final vote.
The subjects examined will reflect those dealt with during teaching and present in the programme.
For the preparation of the examination it is indispensable to study with the support of the reference normative text: the code of the crisis and of the insolvency
Examination procedures are the same for frequent and non-resident students.
Rating: Vote in 30th
Contacts/More Information Student reception: Tuesday, 11-13.
Other days and times of
Receipt on request sent by email to the following address: Rita.martella@unich.it