The course focuses on some of the most complex issues concerning enterprise law and company law, with more specific examination of the company's transformations, divisions, mergers and corporate groups on the one hand; and of the bankruptcy law (regulatory framework of Arrangements with creditors and Liquidations; overindebted consumer, according to Codice della crisi 2020) on the other hand. Finally, the student is expected to show deep knowledge about those items, even matching each other, considering both corporate group in financial crisis and corporate reorganization techniques, in case of plan for an arrangement with creditors on a going concern basis.
Any teaching material is provided on-line through the e-learning service, within the specif webpage available for this course.
1) Italian bankruptcy code:
- arrangements with creditors;
- winding up order;
- overindebted consumers' proceedings.
2) Company law- advanced:
- company transformations
- mergers and dividers according to EU regulation
3) Companies’ groups
- managers’ liabilities
- intercompanies strategies ( in a restructuring view)
|Tombari||Diritto dei gruppi di imprese||2010|
|Nigro e Vattermoli||Diritto della crisi delle imprese||Mulino||2017|
|Cagnasso e altri||Trasformazione, fusione e scissione||Giuffrè||2012|
The exam is written. It tests student confidence in studying the more complex topic of commercial law and the student knowledge in field of groups of companies, transformations, mergers, divisions, and of bankruptcy law.
The exam is composed by open questions. The questions are three and are formulate so as to check even the capabilities that allow students to continue studying independently complex commercial law topics. The answers of the students must demonstrate even their ability to independently solve legal problems. For each answer maximum grade is 30/30; minimum one is 18/30; final grade is the average grade.
Non-attending strudents will suffer no consequences.