L. GUGLIELMUCCI, DIRITTO FALLIMENTARE, Giappichelli, 8th edition, Turin, 2017, pages 1-397 and 443-449
or
L. CALVOSA - G. GIANNELLI E ALTRI, DIRITTO FALLIMENTARE [MANUALE BREVE], III ed., Milano, Giuffrè, 2017, pp. 1-374
or
S. BONFATTI - F. CENSONI, Lineamenti di diritto fallimentare, II ed., CEDAM-UTET, pp. 1-376 e from 435 to the end.
Learning Objectives
Knowledge
Knowledge of the rules on debtor's financial distress and insolvency and of the legal techniques available to solve it.
Skills
Acquisition of the basic education on bankruptcy law. Acquisition of the capacity to analyse issues of bankruptcy law. Refinement of the capacity to discuss and argue different solutions for the same issue.
Ability
Critical understanding of bankruptcy law as an integral part of business organization law and of the rules concerning corporate finance. Ability to solve real cases in a critical manner, using knowledge acquired through study of Civil law and Commercial law.
Prerequisites
To be admitted to the examination students shall have passed:
- Diritto privato I (Private law I);
- Diritto costituzionale generale (Constitutional law).
Study of general Commercial law (entrepreneur and companies) is advised.
Teaching Methods
Lectures: 48 hours. The course will be partly done with class discussion of issues of Bankruptcy law arising from recent cases.
Type of Assessment
The examination will be oral.
During the examination candidates will have to show ability to find and discuss the relevant rules for the matter (primarily, the Civil Code), that they will be allowed to read.
It is also necessary to show ability to master the general rules of Private law on which Bankruptcy law is based.
Course program
Analysis of the restructuring procedure (concordato preventivo) and the liquidation procedure (fallimento) provided for by Italian bankruptcy law (R.D. 16 March 1942, No. 267, as recently reformed). Analysis of the rules concerning out-of-court agreements between the debtor and its creditors. Analysis and discussion of issues of Bankruptcy law arising from recent cases.