Ateneo - UPO

The course relates to the examination of the regulation inherent to the Crisis and Insolvency Code of business crisis and insolvency (Legislative Decree no.14/2019).

Recommended Textbooks: -JORIO, Il diritto della crisi e dell’insolvenza, Giappichelli, 2ª ed., 2025; Or, alternatively -PACCHI e AMBROSINI, Diritto della crisi e dell’insolvenza, 4ª ed., Zanichelli, 2025; -BONFATTI e CENSONI, Manuale di diritto della crisi e dell’insolvenza, Cedam, 2025; D’ATTORRE, Manuale di diritto della crisi e dell’insolvenza, 3ª ed., Giappichelli, 2024; -FABIANI, Sistema, principi e regole del diritto della crisi d’impresa, La Tribuna-Il Foro italiano, 2ª ed., 2024; -NIGRO e VATTERMOLI, Diritto della crisi delle imprese, 7ª ed., Il Mulino, 2025.

At the end of the course, students must demonstrate that they have acquired, in addition to the knowledge of the legislation and an appropriate technical language, also autonomy of judgment and to be able to follow the evolution of legislation in this matter.

Have passed the exams of private law and commercial law.

Attendance is highly recommended.
Lectures, in which students will be encouraged to actively participate.
For each macro-topic explained, the Professor will provide suggestions and indicate / make available on the DIR platform didactic material for in-depth analysis and discussion during the lessons.
Participation in the analysis and discussion of in-depth studies is an integral part of the evaluation of students.

Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

Oral examination divided into 3 questions.

-Origin and evolution of crisis and insolvency law
-General principles

PART I - THE TIMELY DETECTION OF THE BUSINESS CRISIS
1. Amendments to the civil code: measures and arrangements for the timely detection of the crisis
2. Reports for the early detection of the crisis and other "early warning" tools
3. The negotiated settlement of the crisis
4. The simplified arrangement with creditors for the liquidation of assets

PART II - NEGOTIATED CRISIS REGULATION
1. Out-of-court settlement
2. The certified recovery plans
3. Debt restructuring agreements
4. The moratorium agreement
5. The restructuring plan subject to approval
6. The arrangement with creditors

PART III - THE JUDICIAL LIQUIDATION
1. The prerequisites
2. The procedure
3. The declaration of insolvency (opening judgement) and the appeals
4. The procedural bodies: court, judge, receiver (liquidator) and creditors' committee
5. The effects of the judicial liquidation for the debtor
5.1. For creditors
5.2. On detrimental acts to creditors
5.3. On pending legal relations (contracts)
8. The assessment of the liabilities
9. Provisional operating and liquidation of assets
10. Distribution of the sums
11. The judicial liquidation of companies and non-corporate collective enterprises
12. Termination of the procedure and agreement with creditors in the judicial liquidation
13. Discharge

PART IV – ENTERPRISE GROUPS
1. Arrangement with creditors, restructuring agreements and group certified recovery plans
2. Unified judicial liquidation procedure
3. Common rules

PART V - ALTERNATIVE PROCEDURES
1. The compulsory administrative liquidation
2. The extraordinary administration of large companies in crisis

PART VI - OVER-INDEBTEDNESS PROCEDURES
1. Common rules
2. Restructuring of the consumer's debts
3. Minor arrangement with creditors
4. Controlled judicial liquidation (over-indebtedness)
5. Family procedures
6. Discharge of the dispossessed over-indebted subject

At the end of the course the student must demonstrate to have acquired independence of judgment and to be able to follow the regulatory evolution in this subject.