Civil Execution and Bankruptcy Enforcement Law
A.Y. 2022/2023
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
More specific information on the delivery modes of training activities for academic year 2022/2023 will be provided over the coming months, based on the evolution of the public health situation.
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.
Crisis regulation procedures. The aims of crisis regulation procedures. The "negotial" and "judicial" proceedings. Subjective and objective requisites. Effects. The judicial liquidation. The composition with creditors. Restructuring agreements. The negotiated crisis settlement. The additional tools of restructuring. 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.
Crisis regulation procedures. The aims of crisis regulation procedures. The "negotial" and "judicial" proceedings. Subjective and objective requisites. Effects. The judicial liquidation. The composition with creditors. Restructuring agreements. The negotiated crisis settlement. The additional tools of restructuring. 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 and criminal 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 Crisis regulation proceduresl, G. D'Attorre, Manuale di diritto della crisi e dell'insolvenza, Torino, ultima edizione.
Schould be studied in its entirety up to chapter VIII (included).
Chapter IX: paragraphs 1, 2 and 3; Chapter X: paragraphs 1, 2, 3 and 4; Chapter XI : paragraphs 1, 2, 3, 4, 5 and 6.
It is necessary to use an adjourned code of civil procedure, the Crisis Code (Legislative Decree no. 14/2019) and Law Decree no. 118 of August 24, 2021.
During lessons, bibliographical indications will be provided that are useful for the analysis of the Crisis Code (Legislative Decree no. 14/2019) and Law Decree no. 118 of August 24, 2021.
For what concerns Crisis regulation proceduresl, G. D'Attorre, Manuale di diritto della crisi e dell'insolvenza, Torino, ultima edizione.
Schould be studied in its entirety up to chapter VIII (included).
Chapter IX: paragraphs 1, 2 and 3; Chapter X: paragraphs 1, 2, 3 and 4; Chapter XI : paragraphs 1, 2, 3, 4, 5 and 6.
It is necessary to use an adjourned code of civil procedure, the Crisis Code (Legislative Decree no. 14/2019) and Law Decree no. 118 of August 24, 2021.
During lessons, bibliographical indications will be provided that are useful for the analysis of the Crisis Code (Legislative Decree no. 14/2019) and Law Decree no. 118 of August 24, 2021.
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)