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Bankruptcy law

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
2016/2017
Year: 
3
Academic year in which the course will be held: 
2018/2019
Course type: 
Supplementary compulsory subjects
Language: 
Italian
Credits: 
6
Period: 
First Semester
Standard lectures hours: 
35
Detail of lecture’s hours: 
Lesson (35 hours)
Requirements: 

For a useful learning of subject matter is appropriate knowledge of the basics of commercial law, as well as a good knowledge of private law.

Oral examination.

Assessment: 
Voto Finale

The aim of this course is to teach students the principles of insolvency law, with particular reference to bankruptcy proceeding.

Course lectures, after a general premise on the crisis of the firm and on juridical instuments for the agreed solution of insolvency, will focus mainly on the study and illustration of bankruptcy. In particular, the following points will be developed:
• outlines of the so called minor proceedings (composition before bankruptcy; compulsory winding up; extraordinary administration for big businesses);
• bankruptcy proceeding; eligibility;
• commencement of the case;
• the trustee and the bankruptcy court;
• debtor, creditors, avoiding powers of the trustee, executory contracts;
• proof and allowance of claims;
• distribution from the estate;
• winding up of companies;
• discharge.

Alessandro Nigro - Daniele Vattermoli, Diritto della crisi delle imprese, 4a ed., il Mulino, Bologna, 2017, with the exception of chapters from 17th to 24th
Having regard to the possible introduction of a new code (see the enabling act 55/2017), it is essential to consult the texts of law updated.

Convenzionale

In class lectures.

Through practical exercises will provide the tools necessary for the application of the institutes, giving specific relevance to the role of the trustee and enforcement of the acts and formalities connected therewith.

Professors

BATTAGLIA GIUSEPPE

Borrowers