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. The course also aims, compatibly with the didactic needs, to introduce students to the analysis of concrete legal cases to develop their argumentative skills and to the use of one or more legal databases for the retrieval of normative sources, jurisprudential and doctrinal materials. These activities are part of a training course aimed at providing each student with useful skills to develop the skills of interpretation and application of law, required by the world of professions.
Course Prerequisites
The knowledge of the institutions of civil procedural law (subject matter of the courses “diritto processuale civile I” and "diritto processuale civile II") are not prerequisite; nevertheless il facilitates the understanding and study of the procedures provided for by the Code of business crisis and insolvency.
Teaching Methods
Lectures It is recommended the consultation of and updated ‘Code for business crisis and insolvency’ (legislative decree 12.jan 2019, nr. 14).
Assessment Methods
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.
Contents
General Principles. The negotiated composition of the crisis. 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.
Course Language
Italian
More information
a) Students are recommended to sign up on e-learning university platform in order to receive all the communications needed to take part to the online lessons (including, as the case may be, the Teams link)
b) Meetings student-professor: see professor’s personal web page.
c) Professor’s e-mail: alessandro.motto@uninsubria.it
