DIRITTO DELLA CRISI D'IMPRESA E DELL'INSOLVENZA
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
The knowledge of the institutions and general categories of civil procedural law (subject matter of the course “diritto processuale civile I”) are not prerequisite; nevertheless il facilitates the understanding and study of the procedures provided for by the Code of business crisis and insolvency.
The assessment of knowledge is in oral form. Exam concerns two or more open questions structured according to the “upside down cone” (two or more general questions and few more specific questions related to the general question). The final score will be expressed with an assessment of thirty; exam will be approved with a minimum mark of 18/30 reported on all the questions asked.
Learning assessment will focus: the knowledge of the institutes; the ability to express in correct and logical form, through a technical language; the ability to propose interpretative solutions critically reasoned.
During the test, the consultation of the legal texts is permitted.
The course aim to offer a general insight on business crisis and insolvency law, through the study of ‘Code for business crisis and insolvency’ (legislative decree 12.jan 2019, nr. 14).
Objective of the course is to learn the rules dictated by the Code to discipline business crisis situations and insolvency of the debtor, with reference to entrepreneur-debtor.
General Principles. Crisis alert procedure and assisted composition. Access to the procedures. Provisional and protective measures. Non judicial arrangements (consensual tools). Judicial arrangement. Bankruptcy. Bankruptcy discharge. Crisis or insolvency regulation of groups of companies.
see section "contenuti"
Recommended textbook:
Nigro-Vattermoli, Diritto della crisi di imprese - le procedure concorsuali, il Mulino 2021 (or most recent edition available), except chapters XXI, XXII, XXIII and XXIV.
It is recommended the consultation of and updated ‘Code for business crisis and insolvency’ (legislative decree 12.jan 2019, nr. 14).
Lectures.
a) If Covid-19 provisions will not allow lectures, lessons will be held online, through simultaneous videoconference on Teams Platform. Students will have to verify to be signed up on e-learning university platform in order to receive all the communications needed to take part to the online lessons.
b) Meetings student-professor: see professor’s personal web page.
c) Professor’s e-mail: alessandro.motto@uninsubria.it