PROCEDURE CONCORSUALI ALTERNATIVE

Degree course: 
Corso di Second cycle degree in ECONOMICS, FINANCE AND BUSINESS LAW
Academic year when starting the degree: 
2017/2018
Year: 
2
Academic year in which the course will be held: 
2017/2018
Course type: 
Optional subjects
Credits: 
3
Standard lectures hours: 
20
Detail of lecture’s hours: 
Lesson (20 hours)
Requirements: 

Knowledge of the rules of bankruptcy and of the preventative agreement

Final Examination: 
Orale

During the lessons students are asked questions to verify their level of learning and the ability to make connections to various institutions. The exam is oral

Assessment: 
Voto Finale

The course aims at learning three of the alternative insolvency procedures to the Bankruptcy and to the withholding agreement, ie the procedures for over-indebtedness, compulsory administrative liquidation and extraordinary administration (of large companies in crisis). Students are given the opportunity to know bankruptcy proceedings with a specific regulation both for large companies, whose crisis is extremely detrimental to the economic fabric, both for the overindebtedness of the consumer or in any case of a non-fallible subject. Given the imminent entry into force of the so-called Rordorf reform of the crisis procedures, the main lines of this reform will also be illustrated.

The course covers the description of the alternative insolvency regulation, and specifically:
A - Administrative compulsory liquidation:
- General principles, the procedure provided for in the Bankruptcy Law, the differences with bankruptcy

B - the Extraordinary Administration
- The D.lvo 8.7.1999 n. 270
- The Legislative Decree 23.12.2003 n. 347
- The structure of the institutes
- Overview of the procedure

C- The norms of the L 27.1.2012 n.3
- The crisis composition procedure
- The consumer's plan
- The liquidation of assets

D- Rordorf reform: general principles

The manuals indicated in the Bankruptcy program deal very briefly with the procedures covered by the course.

Convenzionale

Frontal lesson also characterized by the setting of questions related to practical cases to be solved together with the students and by comparing the various bankruptcy procedures; drafting by the students of the procedures and control schemes by the teacher.

Borrowed from

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