INSOLVENCY LAW FOR SMALL BUSINESSES
cod. 1010116

Academic year 2023/24
4° year of course - Second semester
Professor
- Massimo MONTANARI
Academic discipline
Diritto processuale civile (IUS/15)
Field
A scelta dello studente
Type of training activity
Student's choice
36 hours
of face-to-face activities
6 credits
hub: PARMA
course unit
in ITALIAN

Learning objectives

The course aims to give the student an adequate knowledge about the procedures for the composition of over-indebtedness crisis.
At the end of the course, we expect the student to be able to understand: the dynamics of each procedure; the similarities and the differences among them, also in relation with the traditional procedures regulated by the Italian Bankruptcy Law; the criteria to follow to choose which procedure is the right one for the single debtor; how to solve the possible application problems of the concrete case.

Prerequisites

In order to take the examination of Insolvency Law for Small Businesses, it’s necessary to have already passed the examinations of Principles of Private Law, Principles of Roman Law, and Commercial Law.

Course unit content

The course aims to show the essentials of a particular sector of the Italian Bankruptcy Law, the procedures for the composition of the over-indebtedness crisis, dedicated to small businesses and civil debtors.
The course provides an introduction finalized to resume the main principles of the bankrupcty law. After that, it will focus on the analysis of the procedures for the composition of the over-indebtedness crisis, in order to show the peculiarities of each of them and their different purposes.

Full programme

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Bibliography

The preparation for the exam can be done on the notes taken in class.
As a textbook, we suggest the following one:
A. Tedoldi, Manuale di diritto della crisi d'impresa, Pacini Editore, expected to be published next september, in the pages that will be promptly indicated

Teaching methods

The course is structured in frontal lessons, conceived in the way of active learning, with oral presentation of the topics which are subject of teaching. At the state, lessons are expected to be taken face-to-face, but they will be also registered and uploaded on the Teams platform (cf. http://selma.unipr.it/). For the best comprehension of the institutions involved, high evidence will be given to the analysis of practical cases and, if possible, of a real procedure in all its steps.

Assessment methods and criteria

An oral examination will be held at the end of the course. There will be four equally relevant questions. Grades will range from 0 to 30; to pass the examination students need 18 or more. Students are requested to show that they acquired good knowledge and understanding of the essentials of the system of the procedures of over-indebtedness crisis.

Other information

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