BANKRUPTCY LAW

The course is aimed at providing a general overview of topics connected with company crisis and, more specifically, the rules governing bankruptcy of a business, analysing the basic and procedural aspects. This overview will also include a look at alternative composition procedures, highlighting the position these procedures occupy within the system.
The topic is part of a course of study where the firm is in the core. That’s why it’s important to know the rules regulating the firm’s crisis.

The risult to be achieved is to provide useful tools for the future employement if concerning. the firm.

For this you need also to know the private and commercial law with reference to the basic principles at least.

1. The function of bankruptcy within the system and the general characteristics of the bankruptcy procedure.2.Prerequisites of bankruptcy.3.Declaration of bankruptcy. Adjudication of bankruptcy and opposition judgement.4.Bankruptcy bodies: the bankruptcy court; the deputy judge; the receiver; the creditors.5.The effects of bankruptcy for the debtor and their creditors. Revocation proceedings. The fate of existing legal relationships.6.Verification of liabilities.7.Liquidation and distribution of assets.8.Settlement of bankruptcy proceedings. Composition with creditors. Reopening of the failure. The failure's liberation from the residual debts.9.Bankruptcy of companies.10.Other bankruptcy procedures.11. The Rordorf's reform.

To Choose:
- Bonfatti - Censoni: Lineamenti di diritto fallimentare. Ed. Wolters Kluwer;
- Sandulli - D'Attorre: Manuale delle procedure concorsuali. Ed. Giappichelli;
- AA.VV.: Diritto Commerciale - Vol. II ("Diritto della crisi d'impresa"). Ed. Giappichelli.

An written exame is taken:
A : 9 questions with compulsory anwers.
B : 2 questions with free answers.
The score depends on the errors in the answers sub A and the details in the answers sub B.

The course consists of 30 hours divided into 15 lessons of 2 hours each. The aim is to promote the student’s interest in further explanations and deepenings.
During lessons, other references will be provided for further analysis of the subjects dealt with on the course.

Italian

written