BUSINESS CRISIS LAW
DIRITTO DELLA CRISI D'IMPRESA
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Course with optional materials in a foreign language
This course is entirely taught in Italian. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language.
Assigned to the Degree Course
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The course aims at providing students the fundamental theoretical concepts and institutional and general knowledge of the individual and collective business activity, its crisis as well as markets and trade.
The course aims to provide students with the concepts and theoretical basis necessary for understanding the domestic norms and the legal system concerning the Corporate Insolvency and the Debt Restructuring Procedures with particular reference to the legal framework (national and international) of the functioning of the markets and the rules governing the activities of the actors who operate on them.
The company's crisis: bankruptcy and other insolvency procedures (arrangement with creditors by art. 160 of bankruptcy code, debt restructuring by art. 182 bis, tax transation by art. 182 ter, big companies’crisis)
Learning Achievements (Dublin Descriptors)
At the end of the course students should have acquired the knowledge and skills relating to the understanding of national legal rules concerning the Corporate Insolvency and the Debt Restructuring Procedures
Students will also gain the ability to access, including through databases, understand and use the sources of the case law, and the basic ability to develop legal documents in the context of negotiation, both extrajudicial and judicial.
Students must have the ability to elaborate integrated schemes using the knowledge acquired during the course and to confront complex problems independently and with their own judgment Specifically, this autonomy of judgment will have to be expressed through the acquisition of interpretative skills, case studies and qualification of the relationship between the facts of reality and legal case analysis.
Students should acquire a clear and effective communication skills, thanks to a good grasp of vocabulary related to the topics covered during the course. In particular, with reference to the course of Commercial Law they will gain ability to describe and deepen the legal problems in the relationship both with operators and professional subjects, with potential customers or interested parties. They must also possess the ability to illustrate the logical-legal paths that lead to the solution of theoretical problems, as well as influencing skills and arguments exposure, even during discussions with other qualified entities.
Students must have developed good learning skills that enable them to deepen the knowledge acquired during the course for addressing the following courses of study and acquire new knowledge, skills and abilities through professional and work experience.
The methods of educational work in wich these results will be achievied principally consist of lectures with possible seminars.
The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it
Visits to the Court, meeting with judjes and business lawyers, analysis of judicial cases.
The teaching material and specific communications from the lecturer can be found, together with other supporting activities, inside the Moodle platform › blended.uniurb.it
Teaching, Attendance, Course Books and Assessment
The course uses mainly the teaching methods of lectures. Seminars and discussions on specific topics held by students may be however be scheduled during the course
- Course books
Educational materials and support activities:
The educational material provided by the teacher is available, along with other support activities within the Moodle> blended.uniurb.it platform
Recommended study texts: Diritto commerciale. II. Il diritto della crisi d'impresa a cura di Marco Cian, Giappichelli Editore, Torino, 2019.
The study of the manuals will have to be accompanied by consultation of the civil code and the bancruptcy law in an updated edition.
The evaluation will be through oral examination in order to ascertain the language skills and communication skills of the student, with particular reference to the correct acquisition of the appropriate legal language and argumentative skills.
However, students who attend the course will have the opportunity to choose whether to replace a part of the oral exam with a written work on a part of the program in agreement with the lecturer (generally based on a case of the Supreme Court).
Additional Information for Non-Attending Students
- Course books
Individual study of exam texts mentioned above and of the material on the blended platform
The evaluation of non-attending students is exclusively the oral examination, in order to ascertain the language skills and communication skills of the student, with particular reference to the correct acquisition of the appropriate legal language and argumentative skills.
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