BANKRUPTCY LAW

Single discipline educational activity

Course Sheet

Course code:

DIF018

Academic Year of enrolment:

2017

Year of supply:

2018/2019

Type of Course:

Elective Course

Degree:

Course of 2nd Cycle Degree in MANAGEMENT, FINANCE AND DEVELOPMENT

Disciplinary Sector:

Commercial Law

Location:

Credits:

Programme Year:

Professor and Collaborators:

MARTELLA Rita

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

135

Objectives

FORMATIVE OBJECTIVES
The course is part of the general objective of the course of study to provide knowledge about the structure and functioning of companies within the market when you go from a phase of ordinary management to a pathological phase of crisis of the company itself . In particular, in light of the current economic system and the analysis of the fundamental lines of our bankruptcy system, traditional institutions will be examined, but will be given space to those that today represent, in the logic of the legislator, the solution tools of the crisis aimed at allowing the company to remain on the market.
EXPECTED LEARNING RESULTS
The student must know the legal institutions required by the law to solve the business crisis and must be able to understand the economic phenomena that underlie the decisions of the legislator; in this perspective, he will have to demonstrate that he has acquired critical skills and is able to relate the knowledge acquired to the complex and overall regulatory system.

Contents

The course aims to provide an analysis of those that constitute the fundamental lines of our bankruptcy system, in its perennial search for a reasonable balance between the need for adequate satisfaction of the creditors of the disrupted commercial enterprise and the aspiration to recovery, as far as possible, of the company itself

Extended Syllabus

PART ONE: TRADITIONAL COMPETITION PROCEDURES
Attempts to rehabilitate the commercial enterprise in crisis: a) preventive agreement; b) restructuring agreements and moratorium agreements; c) recovery plan attested - The conditions of the bankruptcy: state of insolvency and quality of commercial entrepreneur - declaration of bankruptcy - the organs of the procedure - custody and administration of bankruptcy activities - provisional exercise - lease of business or branches company - the effects of bankruptcy: a) for the bankrupt; b) for creditors; c) on acts prejudicial to creditors, d) on pending legal relationships - ascertainment of liabilities - asset liquidation - asset allocation - closure, reopening of bankruptcy and debiting - Bankruptcy agreement - bankruptcy of companies.
PART TWO: ADMINISTRATIVE PROCEDURES AND MIXED PROCEDURES
The compulsory administrative liquidation - the extraordinary administration

Recommended Bibliography

NIGRO - VATTERMOLI, Business crisis law,
Il Mulino, last ed.

Or as an alternative

FRASCAROLI SANTI, Bankruptcy law and bankruptcy proceedings, Cedam, last ed.,

In consideration of the law delegated to the Government of
reform of the insolvency system, the texts indicated
they could undergo variations and / or additions

Teaching Methods

The Teaching is structured in 72 hours of teaching
front. The lessons aim to stimulate the
student participation in the classroom discussion,
through even the continuous exemplification
practice of the topics covered. To this end we will proceed
to the formation of working groups on subjects
tackled by jurisprudence.
During the course some will be offered to the students
verification of learning to take place in the classroom,
proposing questions, in written or discursive form,
aimed at verifying the understanding of the topics covered
but that do not have the value of exemption tests.
Attendance is optional but recommended, and the final exam will be the same for attending and non-attending students.

Evaluation methods

Verification of learning:

The learning will be verified through an oral exam aimed at ascertaining the ability to interpret and analyze the problems studied; in particular, the student must demonstrate that he has acquired, as well as knowledge of the institutions, the ability to understand the phenomena as a whole. The degree of deepening of the topics studied will determine the final grade. The topics under examination will reflect those dealt with during the course and present in the program.
For the preparation of the exam it is essential to study with the support of the normative reference text: the updated bankruptcy law

Contacts/More Information

Student reception: Tuesday, 11-13
Other days and times may be set
receipt on request forwarded by email from the students to the following address:
Rita.martella@unich.it

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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