(objectives)
The course will cover the basic rules governing bankruptcy law. The course aims to provide students with the tools necessary for a correct interpretation of the rules accompanied by an investigation of the reality to which rules must adapt or at least take into due account.
Knowlodge and understanding: At the end of the course the student must have acquired full knowledge and understanding of the institutions covered by the course.
Applying knowledge and understanding. At the end of the course the student must have acquired the fundamental tools to be able to develop the ability to interpret sources, doctrinal and jurisprudential orientations as well as the various application consequences of the latter.
Making judgements The student must also be able to develop a critical approach to the discipline and the ability to orient himself even in the face of the change in the positive discipline in force.
Communication skills The student must be able to simply illustrate the basic notions of bankruptcy law and the law of extraordinary business operations, as if addressing people who are not experts in the field; he must also be able to summarize in a precise but concise way the in-depth concepts, in any case using an appropriate technical-legal lexicon. The student is also encouraged to convey personal interpretations of the most debated topics studied with clarity and rigor.
Learning skills The student must be able to update and broaden their knowledge, independently drawing on regulatory texts, scientific articles and jurisprudential rulings. They must also gradually acquire the ability to actively participate in specialized seminars, conferences and masters in the areas of interest of bankruptcy law and the law of extraordinary business operations.
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Code
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119029 |
Language
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ITA |
Type of certificate
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Profit certificate
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Credits
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8
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Scientific Disciplinary Sector Code
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IUS/04
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Contact Hours
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48
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Type of Activity
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Core compulsory activities
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Teacher
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MELLARO Massimo
(syllabus)
The liability of the debtor. Individual and collective executive action. Principle of liability of the debtor with all his assets. A level playing field.
Evolutionary lines of bankruptcy from the twentieth century to today. Subject to bankruptcy. Small business owner and entrepreneur below threshold. Over-indebtedness.
The restructuring procedures. Arrangement with creditors, restructuring agreements, certified plans. Extraordinary administration. LCA.
The crisis and insolvency code: alert, groups, over-indebtedness.
Judicial liquidation. Opening of the procedure. Organs. Assessment of liabilities. Settlement program. Liquidation of assets. Allotment. Closure of the procedure. Discharge.
Agreement with creditors. Continuity agreement and liquidation agreement. Prevalence of proceeds from business continuity. Liquidation: Full satisfaction of privileged creditors and at least 10% unsecured with other finance. Cram down. Vote. Approval. Execution. Resolution.
Restructuring agreements.
Certified plans.
The discipline of over-indebtedness. The agreements and the consumer's plan. The liquidation.
Notes on A.S. and LCA.
(reference books)
Diritto della crisi e dell'insolvenza. Aggiornato alla l. 40/2020 («Decreto Liquidità») Stefania Pacchi,Stefano Ambrosini
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Dates of beginning and end of teaching activities
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From to |
Delivery mode
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Traditional
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Attendance
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not mandatory
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Evaluation methods
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Oral exam
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Teacher
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panzani Luciano
(syllabus)
The liability of the debtor. Individual and collective executive action. Principle of liability of the debtor with all his assets. A level playing field.
Evolutionary lines of bankruptcy from the twentieth century to today. Subject to bankruptcy. Small business owner and entrepreneur below threshold. Over-indebtedness.
The restructuring procedures. Arrangement with creditors, restructuring agreements, certified plans. Extraordinary administration. LCA.
The crisis and insolvency code: alert, groups, over-indebtedness.
Judicial liquidation. Opening of the procedure. Organs. Assessment of liabilities. Settlement program. Liquidation of assets. Allotment. Closure of the procedure. Discharge.
Agreement with creditors. Continuity agreement and liquidation agreement. Prevalence of proceeds from business continuity. Liquidation: Full satisfaction of privileged creditors and at least 10% unsecured with other finance. Cram down. Vote. Approval. Execution. Resolution.
Restructuring agreements.
Certified plans.
The discipline of over-indebtedness. The agreements and the consumer's plan. The liquidation.
Notes on A.S. and LCA.
(reference books)
Diritto della crisi e dell'insolvenza. Aggiornato alla l. 40/2020 («Decreto Liquidità») Stefania Pacchi,Stefano Ambrosini
|
Dates of beginning and end of teaching activities
|
From to |
Delivery mode
|
Traditional
|
Attendance
|
not mandatory
|
Evaluation methods
|
Oral exam
|
|
|