Learning outcomes of the course unit
The purpose of the course is to provide exhaustive knowledge and comprehension skills of the Italian system of bankruptcy proceedings, making the student able to apply this knowledge for the resolution of practical problems.
In order to take the examination of Bankruptcy Law, it’s necessary to have already passed the examinations of Principles of Private Law, Principles of Roman Law, and Business Law.
Course contents summary
The first part of the course is intended to illustrate the general system of bankruptcy proceedings in the Italian law, focusing on the essential features of each procedure and on their reciprocal relations.
The second part of the course focuses on bankruptcy proceeding, as the principal procedure of the system.
The last part of the course is dedicated to procedures other than bankruptcy, such as arrangement with creditors, debt restructuring agreements, compulsory administrative liquidation, extraordinary administration of large firms in state of insolvency, procedure of industrial restructuring of insolvent firms of considerable size (otherwise defined special or accelerated extraordinary administration), procedure for resolution of over-indebtedness crisis (c.d. civil bankruptcy).
L. GUGLIELMUCCI, Diritto fallimentare, 7a ed., a cura di F. Padovini, Giappichelli, Torino, 2015, chapters I-IX (pp. 1-304) and XIII-XIV (pp. 363-393);
or S. BONFATTI - P.F. CENSONI, Lineamenti di diritto fallimentare, Cedam, Padova, 2013, chapters I-XVII (pp. 1-226) and XX-XXII (pp. 271-330);
G. TRISORIO LIUZZI (a cura di), Diritto delle procedure concorsuali, Giuffrè, Milano, 2013, chapters I-XIV (pp. 1-365) e XVI-XVIII (pp. 411-484)
About reorganization proceedings (concordato preventivo, accordi di ristrutturazione dei debiti, composizione della crisi da sovraindebitamento) the following eBook: M. MONTANARI - V. BARONCINI, Appunti sulle procedure concorsuali minori, Giappichelli, Torino, 2014, http://www.giappichelli.it/appunti-sulle-procedure-concorsuali-minori,34...
In addition to the above, the Bankruptcy Law reform of 2015 must be studied on the following paper, available on the "Elly" platform:
M. Montanari – V. Baroncini, Novità in materia fallimentare nel d.l. n. 83/2015
The course is based on traditional lectures, where each institution of bankruptcy law is examined in its own nature, and in its relation to the other elements of the system. The teaching methodology includes the graphic representation of practical or exemplary cases, in order to promote the best comprehension of the institutions, and of their dynamic application.
Furthermore, the course includes several exercises, in order to illustrate, through the exam of the acts of judgment, real cases occurred in our courts, to allow the student to verify the concrete operation of what he has studied in abstract terms.
Assessment methods and criteria
The examination requires a written test, and a subsequent oral test, merely integrative, to be passed. The two tests take place on different days.
The written test consists of five questions, with a predefined space. Three questions have a notional approach, and are intended to verify the level of knowledge acquired by the student. The other two, on the contrary, are intended to verify the ability of the student to apply his knowledge to solve practical cases.
In the final evaluation of the examination, the two types of questions have different importance. A sufficient result in each of the three questions with notional approach is fundamental to pass the test. The outcome of the other two questions is decisive to achieve a high vote.
The additional oral test is essentially confirmative of the vote achieved in the written test, and consists in no more than two questions.
At the end of the first half of the course, for the students who regularly attend the course is possible to take an intermediate test, with the same features described above.