Civil execution and bankruptcy enforcement law

A.Y. 2019/2020
9
Max ECTS
63
Overall hours
SSD
IUS/15
Language
Italian
Learning objectives
Good level of knowledge of principles and essential notions of execution proceedings and insolvency law, in connection with principles and rules of private law, commercial law and constitutional law; skill in comprehension of the texts of law, including the systematic dimension of the single provisions; capacity in exposing the matter with logical coherence and technical language/terminology; capacity in reasoning about the interpretative questions and in applying rules to concrete cases
Expected learning outcomes
Students are expected to achieve a good knowledge of the various parts of the program, including the governance of the specific methodology of the fields studied.
Course syllabus and organization

Single session

Lesson period
First semester
Course syllabus
The course deals with the principles of individual execution proceedings and of insolvency law. The program includes popics listed below.
The execution proceedings in general. The enforcement order. The preparatory acts to the executive proceedings. Forced expropriation: in general; on movable property of the debtor; ganishment; forclosure. Execution in specif form. Opposition to execution proceeding by the debtor and by third parties. Opposition to executive acts. Suspension and conclusion of the executive proceedings.
Insolvency proceedings in general (between bankruptcy law and insolvency code). The aims of insolvency proceedings. The "negotial" and "judicial" proceedings. Subjective and objective requisites. Effects. The insolvency proceedings and the judicial liquidation. The composition with creditors. Restructuring agreements. Administrative compulsory liquidation. Extraorinary administration.
Prerequisites for admission
As per the didactic regulation, it is necessary to have previously sustained Institution of Private Law, Constitutional Law, Commercial Law and Institution of civil procedure.
Teaching methods
Frontal lessons ar held in the first semester
Teaching Resources
For what concerns the execution proceedings, Mandrioli - Carratta, Corso di diritto processuale civile, Vol. III, L'esecuzione forzata, pp. 1-155, Giappichelli, ultima edizione.
For what concerns insolvency law, the Professor will indicate the book at lesson. It is necessary to use an adjourned code of civil procedure, as well as of the new insolvency code (d. lgs. no. 14/19)
Assessment methods and Criteria
The exam is oral and aims to verify the achievement of the learning objectives. The evaluation is expressed in thirtieths, with possible laude.
The standards for evaluation consider accuracy of the content, argumentative clarity, use of appropriate language, critical analysis skills.
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 9
Lessons: 63 hours