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B010774 - COMMERCIAL LAW II
Main information
Teaching Language
Course Content
Suggested readings
Learning Objectives
Prerequisites
Teaching Methods
Further information
Type of Assessment
Course program
Academic Year 2014-15
Course year
Third year - Second Semester
Belonging Department
Legal Sciences (DSG)
Course Type
Single education field course
Scientific Area
IUS/04 - BUSINESS LAW
Credits
6
Teaching Hours
40
Teaching Term
02/03/2015 ⇒ 29/05/2015
Attendance required
No
Type of Evaluation
Final Grade
Course Content
show
Course program
show
Lectureship
Mutuality
Course teached as:
- DIRITTO COMMERCIALE B
5-years Single Cycle Degree in LAW
- DIRITTO COMMERCIALE B
5-years Single Cycle Degree in LAW
Teaching Language - Last names E-N
Italian
Course Content - Last names E-N
Bankruptcy Law
Suggested readings - Last names E-N (Search our library's catalogue)
As the course can be attended by students taking different types of exam (see the Section “Altre informazioni – Other Informations), the textbooks vary slightly. They are the following:
1) FOR STUDENTS OF THE "LAUREA MAGISTRALE" THAT TAKE THE SECOND PART (MODULE B) OF "DIRITTO COMMERCIALE" (FUNDAMENTAL COURSE, 15 CREDITS) WITH PROF. STANGHELLINI:
S. BONFATTI, P.F. CENSONI, Lineamenti di diritto fallimentare, Cedam, Padova, 2013, pages from 1 to 270 and from 331 to 338;
or
L. GUGLIELMUCCI, Diritto fallimentare, Giappichelli, 6th edition, Torino, 2014, pages from 1 to 358 and from 397 to 423, with the exception of Section I of Chapter VII (pages from 199 to 226), that can be substituted with handouts available on the course web page.
2) FOR STUDENTS OF THE "LAUREA MAGISTRALE" THAT, HAVING TAKEN "DIRITTO COMMERCIALE" (FUNDAMENTAL COURSE, 15 CREDITS) WITH A DIFFERENT PROFESSOR (AND THEREFORE WITH THE MODULE B ON A DIFFERENT PROGRAM), ARE TAKING THE COURSE AS "DIRITTO FALLIMENTARE" (OPTIONAL COURSE, 6 CREDITS);
S. BONFATTI, P.F. CENSONI, Lineamenti di diritto fallimentare, Cedam, Padova, 2013, pages from 1 to 270 and from 331 to 338;
or
L. GUGLIELMUCCI, Diritto fallimentare, Giappichelli, 6th edition, Torino, 2014, pages from 1 to 358 and from 397 to 423.
3) FOR STUDENTS OF THE "LAUREA IN SCIENZE DEI SERVIZI GIURIDICI" THAT TAKE THE COURSE AS "DIRITTO COMMERCIALE II":
S. BONFATTI, P.F. CENSONI, Lineamenti di diritto fallimentare, Cedam, Padova, 2013, pages from 1 to 270 and from 331 to 338;
or
L. GUGLIELMUCCI, Diritto fallimentare, Giappichelli, 6th edition, Torino, 2014, pages from 1 to 358 and from 397 to 423, with the exception of Section I of Chapter VII (pages from 199 to 226), that can be substituted with handouts available on the course web page.
1) FOR STUDENTS OF THE "LAUREA MAGISTRALE" THAT TAKE THE SECOND PART (MODULE B) OF "DIRITTO COMMERCIALE" (FUNDAMENTAL COURSE, 15 CREDITS) WITH PROF. STANGHELLINI:
S. BONFATTI, P.F. CENSONI, Lineamenti di diritto fallimentare, Cedam, Padova, 2013, pages from 1 to 270 and from 331 to 338;
or
L. GUGLIELMUCCI, Diritto fallimentare, Giappichelli, 6th edition, Torino, 2014, pages from 1 to 358 and from 397 to 423, with the exception of Section I of Chapter VII (pages from 199 to 226), that can be substituted with handouts available on the course web page.
2) FOR STUDENTS OF THE "LAUREA MAGISTRALE" THAT, HAVING TAKEN "DIRITTO COMMERCIALE" (FUNDAMENTAL COURSE, 15 CREDITS) WITH A DIFFERENT PROFESSOR (AND THEREFORE WITH THE MODULE B ON A DIFFERENT PROGRAM), ARE TAKING THE COURSE AS "DIRITTO FALLIMENTARE" (OPTIONAL COURSE, 6 CREDITS);
S. BONFATTI, P.F. CENSONI, Lineamenti di diritto fallimentare, Cedam, Padova, 2013, pages from 1 to 270 and from 331 to 338;
or
L. GUGLIELMUCCI, Diritto fallimentare, Giappichelli, 6th edition, Torino, 2014, pages from 1 to 358 and from 397 to 423.
3) FOR STUDENTS OF THE "LAUREA IN SCIENZE DEI SERVIZI GIURIDICI" THAT TAKE THE COURSE AS "DIRITTO COMMERCIALE II":
S. BONFATTI, P.F. CENSONI, Lineamenti di diritto fallimentare, Cedam, Padova, 2013, pages from 1 to 270 and from 331 to 338;
or
L. GUGLIELMUCCI, Diritto fallimentare, Giappichelli, 6th edition, Torino, 2014, pages from 1 to 358 and from 397 to 423, with the exception of Section I of Chapter VII (pages from 199 to 226), that can be substituted with handouts available on the course web page.
Learning Objectives - Last names E-N
Knowledge
Knowledge of the rules on debtor's financial distress and insolvency and of the legal techniques available to solve it.
Skills
Acquisition of the basic education on bankruptcy law. Acquisition of the capacity to analyse issues of bankruptcy law. Refinement of the capacity to discuss and argue different solutions for the same issue.
Ability
Critical understanding of bankruptcy law as an integral part of business organization law and of the rules concerning corporate finance. Ability to solve real cases in a critical manner, using knowledge acquired through study of Civil law and Commercial law.
Knowledge of the rules on debtor's financial distress and insolvency and of the legal techniques available to solve it.
Skills
Acquisition of the basic education on bankruptcy law. Acquisition of the capacity to analyse issues of bankruptcy law. Refinement of the capacity to discuss and argue different solutions for the same issue.
Ability
Critical understanding of bankruptcy law as an integral part of business organization law and of the rules concerning corporate finance. Ability to solve real cases in a critical manner, using knowledge acquired through study of Civil law and Commercial law.
Prerequisites - Last names E-N
To be admitted to the examination students will have to have passed:
- Diritto privato (Private law);
- Diritto costituzionale generale (Constitutional law).
Study of general Commercial law (entrepreneur and companies) is advised.
- Diritto privato (Private law);
- Diritto costituzionale generale (Constitutional law).
Study of general Commercial law (entrepreneur and companies) is advised.
Teaching Methods - Last names E-N
40 hours of class. The course will be partly done with class discussion of issues of Bankruptcy law arising from recent cases.
Further information - Last names E-N
THE MODULE B OF COMMERCIAL LAW OF THE “LAUREA MAGISTRALE” (15 credits in total) taught by Prof. Stanghellini on Bankruptcy Law can be taken as an autonomous exam of 6 credits, as follows:
- Diritto fallimentare, optional exam for the students of the Laurea Magistrale that have taken Commercial Law with a different professor (and therefore with the Module B on a different program);
- Diritto commerciale II, mandatory exam for the students of the Laurea in Scienze dei Servizi giuridici, curriculum “Consulente del lavoro e delle relazioni industriali”.
- Diritto fallimentare, optional exam for the students of the Laurea Magistrale that have taken Commercial Law with a different professor (and therefore with the Module B on a different program);
- Diritto commerciale II, mandatory exam for the students of the Laurea in Scienze dei Servizi giuridici, curriculum “Consulente del lavoro e delle relazioni industriali”.
Type of Assessment - Last names E-N
The examination will be oral.
During the examination candidates will have to show ability to find and discuss the relevant rules for the matter (primarily, the Civil Code), that they will be allowed to read.
It is also necessary to show ability to master the general rules of Private law on which Bankruptcy law is based.
During the examination candidates will have to show ability to find and discuss the relevant rules for the matter (primarily, the Civil Code), that they will be allowed to read.
It is also necessary to show ability to master the general rules of Private law on which Bankruptcy law is based.
Course program - Last names E-N
Analysis of the restructuring procedure (concordato preventivo) and the liquidation procedure (fallimento) provided for by Italian bankruptcy law (R.D. 16 March 1942, No. 267, as recently reformed). Elements of the insolvency procedures introduced by the Law 27 gennaio 2012, No. 3, for debtors that are not commercial entrepreneurs. Analysis of the rules concerning out-of-court agreements between the debtor and its creditors. Economic justification for insolvency law.