Civil Execution and Bankruptcy Enforcement Law
A.Y. 2020/2021
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.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Lectures will take place on Microsoft Teams in synchronous mode, at scheduled times, and will be recorded and available for consultation on the same platform and on the course ARIEL website. Information on how to access lectures on Microsoft Teams and other teaching instructions will be uploaded to the course ARIEL website, which you are advised to consult regularly.
Should the health situation allow it, in compliance with the regulations in force, lectures may also be held in presence (mixed mode); in this case, students will be promptly informed and notified via the ARIEL website.
In any case, the lectures will be recorded and made available to students for the duration of the semester.
Should the health situation allow it, in compliance with the regulations in force, lectures may also be held in presence (mixed mode); in this case, students will be promptly informed and notified via the ARIEL website.
In any case, the lectures will be recorded and made available to students for the duration of the 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.
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, Bonfatti - Censoni, Lineamenti di diritto fallimentare, Milano, 2017. The volume should be studied in its entirety up to chapter XIX (included).
From chapter XX to chapter XXIII the parties under examination are the following:
chapter XX, paragraphs 1 and 2;
chapter XXI, section I, section II (paragraphs 1to 9);
chapter XXII, section I (paragraphs 1 to 3);
chapter XXIII, paragraphs 3, 4 e 5.
It is necessary to use an adjourned code of civil procedure, bankruptcy law (r.d. 267/1942)
as well as of the new insolvency code (d. lgs. no. 14/19)
For what concerns insolvency law, Bonfatti - Censoni, Lineamenti di diritto fallimentare, Milano, 2017. The volume should be studied in its entirety up to chapter XIX (included).
From chapter XX to chapter XXIII the parties under examination are the following:
chapter XX, paragraphs 1 and 2;
chapter XXI, section I, section II (paragraphs 1to 9);
chapter XXII, section I (paragraphs 1 to 3);
chapter XXIII, paragraphs 3, 4 e 5.
It is necessary to use an adjourned code of civil procedure, bankruptcy law (r.d. 267/1942)
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.
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
Professors:
Marinucci Elena Sara Chiara, Vanzetti Sabina Michelle
Professor(s)