BUSINESS CRISIS LAW

[620EC]
a.a. 2025/2026

2° Year of course - First semester

Frequency Mandatory

  • 6 CFU
  • 45 hours
  • Italian
  • Trieste
  • Obbligatoria
  • Standard teaching
  • Oral Exam
  • SSD IUS/05
Curricula: AMMINISTRAZIONE, CONTROLLO STRATEGICO E CONSULENZA PROFESSIONALE
Syllabus

KNOWLEDGE AND UNDERSTANDING: at the end of the course, students will have to demonstrate that they possess institutional knowledge and understanding of the procedures covered by the program. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: at the end of the course, students must be able to identify the discipline applicable to the different gradations that the crisis of the company can assume, independently solving practical cases of ordinary complexity. AUTONOMY OF JUDGMENT: at the end of the course, students must have acquired the ability to tackle the subject with an approach that is not purely mnemonic but autonomously argumentative. COMMUNICATION SKILLS: at the end of the course, students must be able to master - with properties of language and clarity of exposition - the technical-legal lexicon of the subject. LEARNING ABILITY: at the end of the course, students will have to demonstrate that they are able to independently delve deeper into the topics addressed.

Knowledge of civil and business law

Judicial liquidation and alternative proceedings for resolving business crises

Student's choice: 1) G. D'Attorre, Manuale di diritto della crisi e dell'insolvenza, 2024, Giappichelli; 2) D. Manente, Lineamenti del diritto della crisi d'impresa, 2024, Cedam.

1. Introduction: the function of indebtedness in the financing of business activity. Functions of insolvency proceedings. History and evolution of insolvency law. Definition of crisis and insolvency. Overview of procedures. 2. Judicial liquidation: initiation of the procedure; authorities of the procedure; effects of the procedure (for the debtor, for creditors; on detrimental acts, on contracts); definition of the assets subject to the procedure; formal and substantial concursus - par condicio creditorum; assessment of liabilities and claims of third parties; liquidation of assets, distribution of assets; closure of the procedure. 3. Crisis regulation tools: negotiated settlement; certified plans and out-of-court agreement; composition with creditors; restructuring agreements. 4. Procedures for companies: responsibility of directors and supervisory bodies; procedures of companies with unlimitedly liable shareholders.

Frontal lectures and workshops

The course will have a seminar structure, with a practical approach, so attending the course is highly recommended

The exam will consist of an oral interview on the contents of the course. The answers will be evaluated according to the following criteria: - relevance to the question; - exhaustiveness with respect to the question; - synthesis; - language properties; - expository clarity.

This course delves into topics closely related to one or more objectives of the United Nations 2030 Agenda for Sustainable Development.