Learning outcomes of the course unit
The purpose of the course is to provide an exhaustive view of the essential features of the Italian system of bankruptcy proceedings.
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
A) The general system of bankruptcy proceedings in the Italian law.
- The historical process of composition of the system
- The individual procedures that make up the system: essential outlines
- The relationships between the different procedures, according to the opposite models of alternativeness and concourse.
B) The bankruptcy proceeding.
C) The effects of the judgment declaring bankruptcy.
D) The bankruptcy of companies.
E) Procedures other than bankruptcy.
- Arrangement with creditors and debt restructuring agreements
- Compulsory administrative liquidation
- The extraordinary administration of large firms in state of insolvency
- The procedure of industrial restructuring of insolvent firms of considerable size (otherwise defined special or accelerated extraordinary administration)
- The procedure for resolution of over-indebtedness crisis (c.d. civil bankruptcy).
L. GUGLIELMUCCI, Diritto fallimentare, 5th ed., Giappichelli, Torino, 2012 (pp. 415);
G. FAUCEGLIA,N. ROCCO DI TORREPADULA, Diritto dell’impresa in crisi, Zanichelli, Bologna, 2010 (pp. 406);
G. TRISORIO LIUZZI (curated by), Manuale di diritto fallimentare e delle procedure concorsuali, Giuffrè, Milano, 2011 (pp. 435).
The course will be conducted through traditional lectures, accompanied by seminars.
Assessment methods and criteria
The examination requires a written test, and a subsequent oral test, merely integrative, to be passed. The written test consists in a list of questions, with a predefined space, formulated in terms substantially identical to those of a common, oral question. The two tests take place on different days.