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.
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.