Bankruptcy law

A.Y. 2020/2021
Overall hours
Learning objectives
All'esito del corso ci si attende dallo studente:
- conoscenza dei principi fondamentali ed informatori delle procedure concorsuali, nonché della disciplina positiva delle medesime;
- capacità di comprensione ed interpretazione delle norme, e capacità di applicazione di queste ultime a casi concreti;
- capacità di esporre le conoscenza acquisite con proprietà di linguaggio anche tecnico e coerenza logica
Expected learning outcomes
Al termine del corso lo studente che abbia proficuamente appreso la materia avrà una conoscenza approfondita degli argomenti del corso, con l'acquisizione di un metodo di ragionamento idoneo ad affrontare temi giuridici legati alla disciplina della crisi di impresa.
Course syllabus and organization

Single session

Lesson period
First semester
The lessons will take place - if allowed by the number of students - in presence, also using Microsoft TEAMS (or other mode that will be communicated before the beginning of the course).

The course programme is unchanged.

The practical cases discussed in the classroom will be available to students on Ariel.

The exam will take place using Microsoft TEAMS or in attendance, according to the guidelines in force at the time of the exam session.

An intermediate written test is foreseen, as far as this will be possible for the number of participants.

The reception of students will take place using Microsoft TEAMS by appointment to be agreed by e-mail, or in attendance, according to the directives in force at the time of the appeal.

Further information also related to the different modalities of the lessons to be published on Ariel.
Course syllabus
The course, devoted to business crisis, deals primarily with the study of the insolvency proceeding of bankruptcy (fallimento) - enforcement proceeding concerning insolvent commercial entrepreneurs, originally developed in Italy during the Middle Ages and from there spread to the rest of Europe and worldwide -. It also deals with the so-called minor insolvency proceedings: among them, the voluntary arrangement with creditors (concordato preventivo) - which in recent years has assumed particular importance due to its frequent adoption - and in addition, by way of brief references, the extraordinary administration of major insolvent companies (amministrazione straordinaria delle grandi imprese insolventi) - which was applied, for example, to the Parmalat insolvency and to Alitalia -, the compulsory administrative winding-up (liquidazione coatta amministrativa) - applicable to banking institutions - and the proceeding of over-indebtedness crisis settlement (composizione della crisi da sovraindebitamento).
In particular, the 9-CFUs lecture module focuses on the proceedings of bankruptcy and voluntary arrangement with creditors, as well as, by way of brief references, to the other minor insolvency proceedings; the 6-CFUs lecture module focuses on the proceeding of bankruptcy only.
Both the 9-CFUs and the 6-CFUs lecture modules are complemented by an integrative course on business crisis negotiation solutions and by a number of seminars; both the integrative course and the seminars are optional and with an in-depth study purpose.
As a new Business Crisis and Insolvency Code is due to come into force in September 2021, the course will also cover the new features soon to be introduced by the new Code.
Prerequisites for admission
The student must be highly motivated and interested towards the study of a rather difficult discipline, but an extremely challenging one, which, on the one hand, lies at the crossroads between civil procedure law, private law and commercial law (therefore, the student must be acquainted with the basic principles of these subject matters); on the other hand, it is a very frequently applied discipline, also in cases of significant importance (as shown, for example, by the Ilva and Alitalia cases); and finally, it is essential for anyone wishing to take on the path of legal professions.
Teaching methods
The course consists of face-to-face lessons, in the context of which also the practical implications of the discipline are taken into account (with particular reference to its application to actual cases, often of national significance).
The course is complemented by an additional module focusing on insolvency proceedings other than bankruptcy, and by a number of seminars on specific subjects, variable from year to year.
For students taking the 9-CFUs exam, the program comprises Chapters from I to XVII (included) and, by way of brief references only, Chapters from XVIII to XXIV.
Teaching Resources
A. Nigro, D. Vattermoli, Diritto della crisi delle imprese - Le procedure concorsuali, Bologna, Il Mulino, 4^ ed., 2017 (or a further edition, if published in the meantime).
For students taking the 6-CFUs exam, the course program comprises Chapters from I to XVI (included) only.
For students taking the 9-CFUs exam, the program comprises Chapters from I to XVII (included) and, by way of brief references only, Chapters from XVIII to XXIV.
Assessment methods and Criteria
The final evaluation forms the object of an oral exam and is expressed in thirtieths, eventually cum laude.
During the course an intermediate written exam will take place, for students attending the lectures only. The written exam is related to the topics dealt with during the lectures, and is structured in the form of a questionnaire containing open questions.
Evaluation criteria for the exams take into consideration content accuracy, clarity of reasoning, critical analysis and rethinking skills
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 9
Lessons: 63 hours
Professor: Castagnola Angelo
Educational website(s)