BUSINESS CRISIS LAW

Single discipline educational activity

Course Sheet

Course code:

DCI20

Academic Year of enrolment:

2019

Year of supply:

2020/2021

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

Prerequisites:

Knowledge of the basic arguments of private law and commercial law; in particular the concepts of contract and liability of the debtor

Objectives

OBJECTIVE FORMATIVE
Teaching is inserted in the objective general of the course of study to furnish knowledge respect to the structure and the operation of the enterprises inside the market in the moment in which he passes from a phase of ordinary management to a pathological phase of crisis of the same enterprise. Particularly, to the light of the actual economic system and the analysis of those that you/they constitute the fundamental lines of our system concorsuale, the traditional institutes as rimodulati you/they will be examined by the new code, but space will be given to those that represent today, in the logic of the legislator, the tense tools of solution of the crisis to allow the permanence of the enterprise on the market.
RESULTS OF LEARNING ATTENDED
KNOWLEDGE IS UNDERSTANDING
The student must know the anticipated juridical institutes from the arrangement for the solution of the crisis of the enterprises and you/he/she must be able to understand the economic phenomena that are at the base of the choices of the legislator.
Particularly you/he/she must know:
the institutes of allerta and assisted composition of the crisis, introduced by the new code of the crisis and forehand to a timely emersione of the crisis;
the anticipated tools for the solution of the crisis that is able to preserve the business continuity as the accords of restructuring, the plan of attested improvement and the preventive agreement; the institute of the judicial liquidation that will replace the actual procedure of failure
IT PERSUADES' TO APPLY KNOWLEDGE IS UNDERSTANDING
At the end of the lessons, the student must show to have acquired a critical ability and to be able of to compare the knowledges acquired to the complex and general normative system.
Particularly you/he/she must be able of:
to use the acquired knowledges and to know how to apply her to the concrete fattispecies;
to select the necessary juridical tools to satisfy the demands coming from the economic reality, what to es. the choice of the fittest tool to the solution of the crisis
AUTONOMY OF JUDGMENT:
Lessons participated graces, in which you/they will be of time in time underlined the problematic profiles that the normative one introduces, also through the exemplification of concrete cases, the student must be able of:
to express analytical considerations and of synthesis on the fundamental aspects of the discipline and to effect connections among the various institutes;
to individualize the concrete fattispecies that reality introduces, to point out the preferable solution and to orient among more proposed solutions
IT TRAINS' COMMUNICATIVENESS
At the end of the lessons the student must know and to understand the juridical language of reference and to know how to use him/it in appropriate way
IT PERSUADES' TO LEARN
The student must acquire the ability to effect individual searches and of group on you wait specific of the discipline.

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 September 2021; 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

The materials will be made available by the teacher during the lessons and it is essential to use the exam preparation. normative text.. For non-attending students, the reference text is FAUCEGLIA, Il nuovo diritto della crisi e dell'insolvenza, Torino 2019

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
If Health Laws and University regulations allow, teaching activities, teachers office hours’, and exams may take place online (in whole or in part). For any further information and updates, please refer to the University website.

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree