CRISIS AND INSOLVENCY PROCEEDINGS LAW (2018/2019)

Course code
4S00350
Name of lecturer
Alberto Maria Tedoldi
Coordinator
Alberto Maria Tedoldi
Number of ECTS credits allocated
6
Other available courses
Academic sector
IUS/15 - CIVIL PROCEDURAL LAW
Language of instruction
Italian
Period
2° periodo di lezioni - aprile/maggio 2019, 2° periodo di lezioni - febbraio/aprile 2019

Lesson timetable

Go to lesson schedule

Learning outcomes

Bankrupcty Law (which should be named now Crisis and Insolvency Law) studies the laws regulating business crisis and insolvency. Insolvency law was and is often and widely modified in order to provide for more modern and flexible procedures through anticipated and contractual proceedings for the solution of crisis or insolvency of a firm or an individual debtor, also consumer. At least has been approved with law decree n. 14/2019 the new Code of the Crisis and Insolvency.

Syllabus

1. General features of insolvency proceedings and the Code of crisis and insolvency. - 2. The conditions for judicial liquidation. - 3. The judgment opening the judicial liquidation and the claim to the court of appeal. - 4. The bodies of judicial liquidation. - 5. The effects of judicial liquidation for the debtor. - 6. The effects of judicial liquidation for the creditors: the formal and substantial concursus creditorum. - 7. The effects of judicial liquidation on acts: the revocation. - 8. The effects of judicial liquidation on pre-existing legal relationships. - 9. The assessment of credits and rights claimed by third parties. - 10. The provisional business exercise and the lease of firm. - 11. Inventory and liquidation of assets. - 12. The distribution plans. - 13. The closure of the judicial liquidation. - 14. The arrangement in the judicial liquidation. - 15. Release from debts - 16. The companies' judicial liquidation. - 17. The preventive arrangement with creditors. - 18. Debt restructuring agreements and reorganization plan. - 19. The composition of the crisis for over-indebtment and the consumer's plane . - 20. Judicial liquidation of the assets of over-indebted. - 21. The arrangement for little enterprises

Reference books
Author Title Publisher Year ISBN Note
Giuseppe Fauceglia Il nuovo diritto della crisi e dell'insolvenza Giappichelli Editore  

Assessment methods and criteria

The exam is oral and consists in ascertaining knowledge of the fundamental principles and rules concerning bankruptcy proceedings. The exam is based on three questions: one on the general principles of the matter, one on judicial liquidation and one on the other proceedings of arrangement or regulation of crisis and insolvency (preventive arrangement with creditors, debt restructuring agreements, composition of the crisis for over-indebtment, judicial liquidation of assets of the over-indebted).
Only for students who participate to the lessons, in alternative to the oral exam is provided a final examination in written, to be carried out in one hour and which consists of the aforementioned three open questions.
The final mark is expressed in thirtieths.

Teaching aids

Documents

STUDENT MODULE EVALUATION - 2017/2018