Upon completion of the additional coursework, the student is expected to possess: Knowledge of the fundamental and governing principles of insolvency procedures other than bankruptcy, as well as of their current legal discipline; ability to understand and interpret the relevant rules of law, and ability to apply such rules to practical matters; ability to illustrate the knowledge acquired showing language skills, including technical language, and logical consistency.
Expected learning outcomes
Upon completion of the course, students who have profitably mastered the subject matter will have an in-depth knowledge of the course topics, with the acquisition of a reasoning method appropriate in order to deal with legal matters related to the regulation of business crisis and, in particular, to its resolution through legal remedies alternative to bankruptcy.
This additional module 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 the extraordinary administration of major insolvent companies (amministrazione straordinaria delle grandi imprese insolventi), 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). It deals also with the Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings. 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
This additional course takes place as part of the main bankruptcy law course and is aimed at students who are attending the latter. Students must be motivated and interested in studying a discipline that is not simple but is extremely stimulating and topical, and very often applied, even in cases of high relevance.
This additional module consists of face-to-face lessons, focusing on insolvency proceedings other than bankruptcy, and 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). For students attending this additional module, will be granted 3-CFUs in addition to the standard exam CFUs.
A. Nigro, D. Vattermoli, Diritto della crisi delle imprese - Le procedure concorsuali, Bologna, Il Mulino, 4th ed., 2017 (not the 5th ed., although already released) - chapters XVII-XXIV.
Assessment methods and Criteria
There is no final exam, but the evaluation depends on the attendance of the course and on the active participation of students in lessons.