Insurance law
for not attending students: G. Volpe Putzolu e Antigono Donati, Manuale di diritto delle assicurazioni, Giuffré, 2012, only: la parte prima pp. 3-47 (disciplina dell'impresa), parte seconda pp. 93-102 (la distribuzione) e la parte terza pp. 105-204; pp. 223-237 (i contratti); pp. 239-245 (riassicurazione);
For attending students: resources on web platform moodle
Management of Conflicts
resources on web platform
Banking law
Resources on web platform moodle
Bankruptcy law : S. BONFATTI, P.F. CENSONI, Lineamenti di diritto fallimentare, Cedam, Padova, 2013, pp. da 1 a 270 e da 331 a 338; or L. GUGLIELMUCCI, Diritto fallimentare, 7ª edizione, Giappichelli, Torino, 2015, except sezione I del cap. VII ("Accertamento del passivo e dei diritti reali e personali di terzi"), resources on web platform moodle, and chapters XIII e XIV ("La liquidazione coatta amministrativa" e "L'amministrazione straordinaria delle grandi imprese insolventi").
Learning Objectives
Knowledge
Concepts and regulations on banking business and banking contracts. Concepts and regulations on insurance company and insurance contracts. Organization, governance and accountability in business groups. Accounting system and budget. Discipline of major business contracts. Management of trade disputes. Law of business crisis.
Capacity
A) Ability to address major theoretical and practical issues related to commercial law. Upgrading to current issues which concern it the jurist who works with the enterprise or for the enterprise.
B) Research capacity of regulatory material, literature and case law. Ability to analyze and use it for the proper setup and solution of legal problems.
Skills
Awareness of the role of law in the experience business, with particular reference to the processes of wealth creation, financing, innovation, internationalization, and crisis management of the business and trade relations. Sensitivity legal argument based on the interpretation of commercial law, including European and international
Prerequisites
In order to take the exam students shall have passed the exam of Commercial law.
Teaching Methods
Lectures: 140 hours.
Further information
The course of Advanced Business Law (15 credits) is held by Profs. D'Angelo, Landini, Lucarelli Stanghellini.
The course takes place over two semesters for a total of 140 hours of lectures and seminars. The first part, 72-hour, takes place in the first semenster, the second, 48 hours, takes place in the second semenster.
The first part covers the following subjects:
MODULE 1: Insurance Law (24 hours), by Prof. Landini;
MODULE 2: commercial contracts and management of conflicts, by the Prof. Lucarelli;
MODULE 3: banking (24 hours), by Prof. D'Angelo, and elements of accounting, double entry and reading of the budget, by Prof. Stanghellini (8 hours).
Classes will be divided according to the following schedule:
- Insurance Law, from September 16 to October 9 (total 24 hours);
- Commercial contracts and management of conflicts, from October 14 to October 29 (total 16 hours);
- Banking, from October 30 to November 26 (total 24 hours). Elements of accounting, double entry and reading of the budget, from 27 November to 4 December (total 8 hours).
The second part of lessons concerns the enterprise crisis rules. The timetable will coincide with that of the second part of Commercial Law – course E-N (Prof. Stanghellini).
Type of Assessment
The Advanced Commercial Law exam (15 credits) shall be taken in oral form in one single day, at the end of the second semester.
Students who attend the lectures of the course will have the possibility to take intermediate examinations, in written or oral form, with the professor that teach each module of the course.
Course program
In the lectures will address the following topics, both from the point of view of discipline, both from the point of view of application problems:
PROGRAM OF THE LAW OF INSURANCE (24 hours, Prof. Sara Landini):
- Business and insurance supervision; Analysis of Solvency 2;
- The nature, structure and formation of the insurance contract;
- Insurance against damage;
- Life insurance and linked policies;
- Insurance mediation; Analysis of Directive IMD2;
- Reinsurance.
PROGRAM OF THE PART RELATING TO COMMERCIAL CONTRACTS AND CONFLICT MANAGEMENT (24 hours, Prof. Paola Lucarelli):
- The duration of the contract between the companies: the theoretical problem and the practical problem;
- Preparation of the contract as a function of crisis management cooperation;
- Mediation of the crisis cooperation.
PROGRAM OF PART OF BANKING (24 hours, Prof. Francesco D'Angelo) AND ELEMENTS IN THE BUDGETARY (8 hours, Prof. Lorenzo Stanghellini):
- Order analysis bank;
- The banking business and banking;
- Banks and supervision;
- The banking crisis;
- The business: banking transparency and customer protection; The individual banking contracts;
- Basic knowledge of accounting, double-entry bookkeeping, financial statements.
PROGRAM ON THE PART OF THE CRISIS OF BUSINESS AND INSOLVENCY PROCEEDINGS (48 hours, Prof. Lorenzo Stanghellini):
- Analysis of the procedures of arrangement with creditors and bankruptcy, provided by the Bankruptcy Act (rd 16 March 1942, n. 267, recently reformed);
- Analysis of the regulation of agreements aimed at resolving the crisis;
- Study of the economic reasons that necessitate an insolvency law.
The course will be partly carried out with casuistic method, with lessons during which will be discussed and solved case studies drawn from case law.