Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


BANKRUPTCY LAW mutuato
DIRITTO FALLIMENTARE

A.Y. Credits
2024/2025 6
Lecturer Email Office hours for students
Matteo Pacilli The lecturer receives on Thursdays and Fridays after classes by e-mail appointment.
Teaching in foreign languages
Course with optional materials in a foreign language English
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

Law (LMG/01)
Curriculum: Percorso comune
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

The main objectives of the course are: to allow students to acquire an exhaustive knowledge of the structure of various insolvency procedures; to deepen the procedural aspects of greatest interest; to conduct an articulated investigation on the current issues and on the application profiles of the Crisis and Insolvency Code. Therefore, the aim of the course is to train students to integrate professional figures able to manage the business crisis through an in-depth knowledge of paths and tools prepared to deal with it, acquiring a know-how that allows them to identify the conditions, effects and purposes of the procedures provided from the Crisis and Insolvency Code.

Program

The course deals with the following topics:

a) origins and evolution of crisis and insolvency law: the regulatory sources, insolvency procedures, crisis and insolvency regulation tools, general principles;

b) the timely emergence of business crisis;

c) the negotiated settlement of business crisis;

d) the common rules: jurisdiction, competence, unitary procedure for access to crisis and insolvency regulation procedures;

e) the certified recovery plan, the restructuring agreements and the moratorium agreement;

f) the preventive composition;

g) the restructuring plan subject to approval;

h) the simplified composition for the liquidation of assets;

i) the judicial liquidation.

Bridging Courses

Civil Procedure

Learning Achievements (Dublin Descriptors)

a) Knowledge and understanding

At the end of the course, students must show that they have acquired adequate knowledge and ability to understand the regulatory sources of crisis and insolvency law, the general principles and rules that govern the various insolvency procedures, as well as the peculiarities of the judicial protection of rights in their context.

b) Applying knowledge and understanding

Students must show that they are able to interpret and apply the rules that govern the various insolvency procedures, to identify the discipline applicable to the different concrete cases, and to address the main interpretative issues by proposing possible application solutions.

c) Making judgements 

Students must show that they have developed critical skills and independent judgement, based on the knowledge acquired during the course of teaching, necessary to evaluate the institutions and procedures regulated by Crisis and Insolvency Code and special laws.

d) Communication skills  

Students must be able to clearly and effectively explain the developed arguments and the reached conclusions, appropriately using the technical-legal language specific to the crisis and insolvency law.

e) Learning skills 

Students must show that they have developed good learning skills, which will allow them to deepen and update the acquired knowledge independently, also with a view to subsequent studies and future work experiences.

Teaching Material

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

Supporting Activities

Guided exercises, tests during the course and possible seminars.

The lecturer is available during office hours for any clarification, help and support for students.


Teaching, Attendance, Course Books and Assessment

Teaching

Lectures, classroom exercises and possible seminars

Innovative teaching methods

For some topics: flipped lessons, debate

Attendance

Attendance is not mandatory, but recommended.

Course books

G. D’Attorre, Manuale di diritto della crisi e dell’insolvenza, Giappichelli, Turin, last edition, from caphter I to caphter IX.

It is mandatory to use an up-to-date Crisis and Insolvency Code.

Assessment

Oral examination.

This method is considered more suitable for verifying not only student's proficiency of various insolvency procedures, but also student's communicative ability, critical attitude and technical skills.

The assessment criteria and related marks are determined according to the following scale:

less than 18/30: insufficient level of competence. The candidate does not achieve any of the learning outcomes set out under ‘knowledge and understanding’;

18-20/30: sufficient level of competence. The candidate achieves the learning outcomes specified under ‘knowledge and understanding’;

21-23/30: level of competence fully sufficient. The candidate achieves the learning outcomes specified under ‘knowledge and understanding’ and ‘applied knowledge and understanding’;

24-26/30: good level of competence. The candidate achieves the intended learning outcomes at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’ and ‘independent judgement’;

27-29/30: very good level of competence. The candidate achieves the expected learning outcomes at the points ‘knowledge and understanding’, ‘knowledge and understanding applied’, ‘autonomy of judgement’ and ‘communication skills’;

30 and 30 cum laude: excellent level of competence. The candidate fully achieves the learning outcomes set out at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’; ‘autonomy of judgement’; ‘communication skills’ and ‘ability to learn’.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Additional Information for Non-Attending Students

Teaching

Non-attending students must study the recommended book limited to indicated parts.

Attendance

Attendance is not mandatory, but recommended.

Course books

G. D’Attorre, Manuale di diritto della crisi e dell’insolvenza, Giappichelli, Turin, last edition, from caphter I to caphter IX.

It is mandatory to use an up-to-date Crisis and Insolvency Code.

Assessment

Oral examination.

This method is considered more suitable for verifying not only student's proficiency of various insolvency procedures, but also student's communicative ability, critical attitude and technical skills.

The assessment criteria and related marks are determined according to the following scale:

less than 18/30: insufficient level of competence. The candidate does not achieve any of the learning outcomes set out under ‘knowledge and understanding’;

18-20/30: sufficient level of competence. The candidate achieves the learning outcomes specified under ‘knowledge and understanding’;

21-23/30: level of competence fully sufficient. The candidate achieves the learning outcomes specified under ‘knowledge and understanding’ and ‘applied knowledge and understanding’;

24-26/30: good level of competence. The candidate achieves the intended learning outcomes at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’ and ‘independent judgement’;

27-29/30: very good level of competence. The candidate achieves the expected learning outcomes at the points ‘knowledge and understanding’, ‘knowledge and understanding applied’, ‘autonomy of judgement’ and ‘communication skills’;

30 and 30 cum laude: excellent level of competence. The candidate fully achieves the learning outcomes set out at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’; ‘autonomy of judgement’; ‘communication skills’ and ‘ability to learn’.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

« back Last update: 24/01/2025

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