Learning outcomes of the course unit
At the end of the course the student is expected to be able to:
- recognize and distinguish the different procedures that compose the Italian bankruptcy law;
- mark out the boundaries of their respective areas of applicability;
- identify the main situations in which it’s necessary to apply one of these procedures;
- provide the first operating tips;
- apply the principles governing these procedures in order to solve the problems that the interpreter and the operator have to deal with.
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, Constitutional 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, 8a ed., a cura di F. Padovini, Giappichelli, Torino, 2017, chapters I-VI (pp. 13-206), IX (pp. 299-320) and XIII-XIV (pp. 401-440);
or S. BONFATTI - P.F. CENSONI, Lineamenti di diritto fallimentare, 2a ed., Wolters Kluwer, Milano, 2017, chapters I-IX (pp. 1-180), XV (pp. 253-262) and XX-XXII (pp. 377-434);
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 summative assessment consists of two moments:
a) a written test of five open-ended questions. The questions may focus on any topic of the program. The time for the test is 80 minutes. The test is evaluated on a scale of 0-30. Each answers is assigned a score from 0 to 1. The overall assessment is the result of the sum of the scores assigned to each question. The threshold of sufficiency (18/30), is set at the score of 1.75. A conversion table allows to turn the score into the final vote (eg. 2 - 20/30; 3 - 24/30; 4 - 28/30; 4,50 – 30 cum laude).
It’s prohibited the use of codes, manuals or notes during the test.
The results are communicated within three days on the Department's website.
b) an integrative oral test, to be performed in a separate day and at a distance of one week, aimed to confirm the score achieved at the written text. The score can increase of three points. The questions focus on the same topics faced into the written test.
At the middle of the course, students who regularly attended classes can take a mid-term exam.
Online registration is required for both written and oral access