DIRITTO DELLA CRISI DI IMPRESA

Degree course: 
Corso di Second cycle degree in ECONOMICS, FINANCE AND BUSINESS LAW
Academic year when starting the degree: 
2020/2021
Year: 
1
Academic year in which the course will be held: 
2020/2021
Course type: 
Supplementary compulsory subjects
Language: 
Italian
Credits: 
6
Period: 
First Semester
Standard lectures hours: 
40
Detail of lecture’s hours: 
Lesson (40 hours)
Requirements: 

For a useful learning of subject matter is appropriate knowledge of the basics of private law, with particular reference to the obligations, the business law and the rights protection.
Prerequisites are not foreseen.

Final Examination: 
Orale

Oral examination.
The vote is expressed in thirtieths. The exam will be considered passed with a minimum grade of 18/30, taking into account the accuracy and completeness of the content of the answers, the critical ability to connect and process the acquired knowledge and the property of language.
The commission reserves the right to award a first-class honour's degree (30 cum laude) in response to comprehensive answers and characterized by a personal elaboration and the ability to relate arguments to concrete cases.
The teaching program and exam methods are the same for attending and non-attending students.
There are no intermediate tests during the course.

Assessment: 
Voto Finale

Training objectives
The course aims to provide students with the tools to learn the fundamental and informative principles of bankruptcy and other alternative insolvency procedures.
The educational objectives of the teaching are specific to the Course of Studies, aimed at preparing professionals who have adequate knowledge of the dynamics of businesses, under the economic, financial and legal profiles, and who are able to analyze the problems and identify the tools suitable to solve them.

Expected Learning Outcomes
At the end of the course, the student is expected to be able to:
- recognize the elements inherent in the phenomena of the business crisis and insolvency;
- understand and interpret the provisions of the bankruptcy law, the insolvency code, as well as those relating to the extraordinary administration for big businesses;
- apply the provisions to concrete cases;
- analyze and present the acquired knowledge with properties of language, systematic framework and logical coherence.

Course lectures will focus on the study of the general principles of insolvency or bankruptcy proceeding and is divided into two distinct modules: the first deals with the discipline of bankruptcy; the second is dedicated to alternative insolvency procedures to bankruptcy, and in particular to the composition before bankruptcy; compulsory winding up; extraordinary administration for big businesses and the settlement of the over-indebtedness crisis.
It should be noted that the lessons included in the period 24 September - 22 October will be dedicated to the first module, for a total of 20 hours, and that the remaining lessons will be dedicated to the second module starting from 5 November, for a total of 20 hours

Program of the first module:
• outlines of the so-called crisis alert and settlement tools (1 hour of lesson);
• bankruptcy proceeding; eligibility; commencement of the case (3 hours of lessons);
• the trustee and the bankruptcy court (2 hours of lessons);
• debtor, creditors, avoiding powers of the trustee, executory contracts (6 hours of lessons);
• proof and allowance of claims (3 hours of lessons);
• provisional exercise of the company, lease of the company, liquidation of assets and distribution from the estate (3 hours of lessons);
• closure of the bankruptcy, bankruptcy arrangement, discharge and winding up of companies (2 hours of lessons).

Program of the second module:
• the so-called out-of-court negotiation instruments and the composition before bankruptcy (8 hours of lessons);
• compulsory winding up (3 hours of lessons);
• extraordinary administration for big businesses so-called “common” (d.lgs. 270/1999) and the so-called “special” one (d.l. 347/2003) (6 hours of lessons);
• settlement of the over-indebtedness crisis (l. 3/2012) (3 hours of lessons).

• Alessandro Nigro - Daniele Vattermoli, Diritto della crisi delle imprese, 4a ed., il Mulino, Bologna, 2017. For students who will take the exam only in relation to the second module, the study may be limited to chapters from 17th to 24th.
Having regard to the new (Legislative Decree 14/2019), it is essential to consult the texts of law updated.
It is essential to consult the updated texts of the bankruptcy law, the rules on extraordinary administration for big businesses (d.lgs. 270/1999 and d.l. 347/2003) and Law no. 3 of 2012, as well as the new Insolvency Code (Legislative Decree 14/2019)
The e-learning platform is used to share teaching materials.

Convenzionale

The course will consist of 40 hours of classical frontal lessons, with the use of ppt. In the classroom, interaction with the students will be requested, and they may be called upon to intervene.
During the course, interventions by professionals and experts in the field will be organized, with the aim of illustrating some practical aspects of the procedures and the execution of the acts and obligations connected to them.

The teacher receives at the end of each lesson or by specific appointment, upon request via e-mail to giuseppe.battaglia@uninsubria.it.

Professors

BATTAGLIA GIUSEPPE