2020/2021

2020/2021

DM270

IUS/04 (COMMERCIAL LAW)

DEPARTMENT OF ECONOMICS AND MANAGEMENT

BUSINESS ADMINISTRATION AND LAW

Governance, Controllo e Revisione

1°

1st semester (28/09/2020 - 22/12/2020)

6

44 lesson hours

Italian

WRITTEN TEST

SALERNO FRANCESCO (titolare) - 6 ECTS

No

Provide the essential concepts of insolvency law, with particular regard to substantive and procedural aspects, also according to the reform of the insolvency law discipline, contained in the Legislative Decree no. 14 of 12 January 2019, which has implemented the law n. 155/2017, which will come into force very soon.

- The evolution of the insolvency law;
- the the essential requirements of the procedures governed by the Code of business' crisis and insolvency;
- the principles of the unitary procedure regulating the crisis and insolvency status;
- alert procedures and assisted composition of the business crisis;
- the "old" bankruptcy and the new judicial liquidation;
- the effects of the opening of judicial liquidation;
- asset administration; the ascertainment of bankuraptcy liabilities and the liquidation and the division of the assets;
- the closure of the procedure;
- the arrangement in court liquidation
- the so called "esdebitazione";
- the settlement procedures of crisis for over-indebtedness, negotiated settlements of crisis;
- certified recovery plan, standstill and debt restructuring agreements; - arrangement with creditors in the bakruptcy law and in the Code of business' crisis and insolvency;
- crisis and insolvency for business groups;
- compulsory administrative liquidation.

taking into account the Coronavirus situation and the consequent guidelines of the Department regarding mixed teaching methods, the course will be held both in person and through online communication techniques. In particular, of the total 44 hours of lessons, the first 32 hours will be held (during the first 8 weeks of lessons) in an online method, while the remaining 12 hours will be held (lasted the last 3 weeks of lessons) in face-to-face mode. In any case the lessons will be recorded and made available online.

G. Fauceglia, Il nuovo diritto della crisi e dell’insolvenza (d.lgs. 12 gennaio 2019, n. 14), Giappichelli Editore, 2019

The exam will be held by oral examination. According to the Department's guidelines, the possibility of carrying out the examination in person will depend on the health situation and the possibility to ensure all necessary safety measures. If the latter are not guaranteed, the exam can be carried out using online communication techniques.

For students attending the lessons, the exam will focus on topics ilustrated during the lessons.