Diritto fallimentare-eng

DIRITTO FALLIMENTARE I+II

Prof. Maurizio Irrera – Prof. Alessandro Monteverde

Codice Insegnamento: E0031
SSD Insegnamento: IUS 04
6 CFU – 48 ore
Sede: Novara


Teaching Language
Italian.

Content of the course
PART I
The bankruptcy
PART II
The negotiated regulation of the crisis
PART III
The insolvency administrative procedures

Teaching materials
It is essential an updated edition of the italian Civil Code and of the Bankruptcy act.

College textbooks:
GUGLIELMUCCI, Diritto fallimentare, Giappichelli, Torino, 2015.

Learning objectives
The course aims to examine the discipline of bankruptcy proceedings

Prerequisites
Proven knowledge of the Civil Law and Business Law.


Teaching methods
Lessons, with suggestions for further reading and discussion

Examination
Discussions and practice exercises and/or exam simulations
The exam is oral

Extended contents of the course

PART I - THE BANKRUPTCY
1. The conditions of failure
2. The procedure for insolvency declaration
3. The adjudication in bankruptcy and appeals
4. The bodies responsible for the performance of the procedure: court, judge delegate, trustee and the creditors' committee
5. Effects of bankruptcy for the bankrupted
6. Effects of bankruptcy for creditors
7. Effects of bankruptcy on legal acts detrimental to creditors
8. Effects of bankruptcy on legal relationships.
9. The procedure for defining liabilities
10. The administration and liquidation of the bankruptcy assets
11. The distribution of bankruptcy assets
12. The bankruptcy of companies.
13. The closure of the failure
14. The “esdebitazione’’
PART II - THE NEGOTIATED REGULATION OF THE CRISIS
1. The court settlement
2. The composition before bankruptcy
3. The debt restructuring agreements
PART III: THE INSOLVENCY ADMINISTRATIVE PROCEDURES
1. Compulsory administrative winding up
2. The administration of large firms