CRISIS AND INSOLVENCY LAW

The course aims at considering the general features of the discipline of the crisis and insolvency law, also by analysing its substantial and procedure profiles. Such law will be analysed according to the modifications introduced by the “Codice delle crisi di impresa e dell’insolvenza” (Code of enterprise crisis and insolvency, legislative decree n.° 14 of 12 January 2019) replacing the bankruptcy law (Royal Decree n.° 267 of 16 March 1942) and the law on over-indebtedness (Act of Parliament n.° 3 of 27 January 2012)].
Since the Code is expected to enter into force, apart from some measure that are already inti force, on 1 September 2021, comparative references to the instances governed by the Royal Decree n.° 267 of 16 March 1942 will be frequently made.
The subject is part of an educational process in which enterprises are pivotal, so it is important to know the rules governing the crisis and its regulatory instruments. A unitarian view of both the crisis and insolvency (as considered by the Code) requires that such knowledge is paired with the knowledge of the regulatory framework of over-indebtedness of non-entrepreneurial entities.

Students will be provided with the necessary tools for their future working position in case they will be dealing with enterprises or, more in general, with debtors’ (either entrepreneurs or not) crisis

The knowledges of private and commercial law, or at least of their basic principles

1.General profiles of the regulatory framework of the crisis and insolvency. 2. Bankruptcy procedures: types, characteristics and assumptions. 3. The alarm procedure, the assisted settlement procedure of the crisis. 4. General rules of crisis and insolvency regulating procedures. 5. The instruments for the settlement of the crisis: agreements. 6. (Followed by) Arrangement with creditors. 7. Judicial liquidation. 8. (Followed by) The liquidation and the composition in the framework of company’s judicial liquidation. 9. Measures about company groups. 10. Crisis regulation procedures: debt restructuring of consumers; the “concordato minore”; controlled liquidation.

- Pacchi – Ambrosini, Diritto della crisi e dell’insolvenza, 2020, Zanichelli (excluding chapter XIII)
Or:
- Fauceglia, Il nuovo diritto della crisi e dell’insolvenza, 2019, Giappichelli;
- Giorgetti, Codice della crisi di impresa e dell’insolvenza, 2019, Pacini Giuridica

Written exam:
A: 9 questions with compulsory answers.
B: 2 questions with free answers.
The score depends on the mistakes in the answers sub A and the details provided in the answers sub B.

The course consists of 30 hours divided into 15 lessons of 2 hours each.
The pedagogical method aims at favouring students’ interests, by eliciting interaction, for clarifications and requests for further details.
Additional references will be provided during the lessons with both a theoretical and practical deeper analysis of topics.
If the current text of the Code were amended, the necessary material will be made available and illustrated to students.

Italian

Teaching language
Italian

written

This subject deals with topics related to the macro-area "Circular economy, innovation, work" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development