Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2019/2020
Belonging course: 
Course of 5-year Single Cycle Master's Degree Programme on LAW
Location: 
Napoli
Disciplinary sector: 
BUSINESS LAW (IUS/04)
Language: 
Italian
Credits: 
14
Year of study: 
3
Teachers: 
Cycle: 
Second semester
Hours of front activity: 
112

Language

Italian

Course description

The educational objectives consist in the acquisition by the student of
knowledge of the institutions of business law and its crisis and of
company law and their interrelationships.
Expected learning outcomes according to Dublin descriptors:
At the end of the course the student must demonstrate to have achieved
the following knowledge, skills and attitudes:
1. Knowledge and understanding
- knowledge of the discipline of the business activity in relation to its
organization and its development in the market;
- knowledge of company law, especially of joint stock company, in
relation to: constitution; financial structure and organizational structure;
extraordinary operations and dissolution and liquidation proceedings;
group phenomenology;
- knowledge of the corporate crisis discipline and insolvency procedures,
with special regard to the substantive law profiles;
- understanding of the substantial interests underlying the individual legal
institutions and of the main problems connected to them;
- ability to make thematic connections and familiarity with the dynamics
of company and company law;
2. Ability to apply knowledge and understanding
- ability to interpret the rules with a systematic criterion and to translate
the acquired notions and the studied normative discipline into an
application key, so as to critically evaluate the studied institutes. This
ability will be acquired through constant reference, during the lessons, to
the jurisprudence and to practical cases and through the constant
solicitation of the students to express comments and opinions on the
cases they are subjected to.
3. Judgment autonomy
- ability to develop and deepen in an autonomous way the acquired
knowledge and to achieve, over time, an increasingly high critical and
judgment ability, so as to be able to set and deal with theoretical practical issues, not dealt with in detail, and know how to argue solutions.
Therefore, the student will need to have introjected the interests andlogic involved in the disciplines studied, which will therefore always be
the subject of special attention. The attainment of the aforementioned
capacity will be facilitated by the involvement of the students in
discussions and debates during the lessons.
4. Communication skills
- ability to communicate and communicate orally in a clear and effective
way, both with persons who are not experts in law and with specialists in
legal matters and with economic operators.
For this purpose, oral interventions will be solicited during the lessons,
either by encouraging students to ask questions, or by involving them in
repeated debates.
5. Learning capacity
- ability to become autonomous in deepening the subjects studied also in
their more complex and specialized profiles;
- ability to access legal sources, jurisprudence and doctrine and
adequately address the search for sources in relation to the topics to be
studied in depth.
To this end, during the lessons, students will be provided with in-depth
material, encouraging them to accompany the study by consulting the
jurisprudence and by reading the doctrine.
Theoretical and practical seminars, about topics of particular importance,
will be held, and ample space will be given to the consultation of
supplementary material, with comments on passages of sentences and
doctrine.
Knowledge of Italian civil law basic principles and provisions is required

Prerequisites

Knowledge of Italian civil law basic principles and provisions is required

Syllabus

First part
Enterpreneur and statute. Enterpreneur's cathegories:
The statutes of the entrepreneur.
The company.
Company and its transferement
Competition and Antitrust law.
Company agreement.
Second part
Partnerships.
Commercial Company. Typological characters and socio-economic
models.
Limited liability company. Joint stock company. Cooperative.
Third part
Commercial papers. Bankruptcy law

1)COMPANY LAW(27)
The entrepreneur and the company in general
The categories of entrepreneurs
The statutes of the entrepreneur
The company's negotiation activity
The company
Competition and Antitrust law
Forms of integration between companies
2)COMPANY LAW(56)
Partnerships; Joint stock companies-The limited partnership; Limited
liability companies; Mutual companies and Mutual insurance companies;
Extraordinary operations
3)THE BUSINESS CRISIS AND INSOLVENCY PROCEEDING(24)
The Code of Crisis and Insolvency.
Composition Deed
The judicial liquidation;
The certified recovery plans and the debt restructuring agreements;
Over-indebtedness crisis settlement procedures; Compulsory
administrative winding up; The extraordinary administration of large
insolvent companies. Commercial papers (5)

Teaching Methods

Traditional teacher lessons supported by teaching multimedia materials
and integrated by specialistic seminars.

Textbooks

Any of the following:
-GIAN FRANCO CAMPOBASSO, Diritto commerciale, vol I, II, III, UTET,
Torino, latest issue, relatively the topics in the program;
VINCENZO BUONOCORE (a cura di), Manuale di diritto commerciale,
Giappichelli, Torino, latest issue, relatively the topics in the program;
relatively the topics in the program.
The study of the items will be supported by reading the Italian Civil Code
with the latest amendments

Learning assessment

The verification of the learning is divided into an oral test during which
the student will have to answer a series of questions on heterogeneous
subjects within the framework of the course.
To obtain the minimum score, the student must demonstrate the
acquisition of
1. Relevant knowledge and understanding:
- the statute of the entrepreneur;
- the organizational structure and the mechanisms of company
functioning;
- the performance of insolvency procedures.
The student will also be asked to comment on articles of law and
jurisprudential decisions to demonstrate:
2. Ability to apply knowledge and understanding, as able to:
- confront the reference standards and identify the underlying interests
and make connections between rules and institutions;
- relate the theoretical notions with the cases of the practice.
The evaluation will take into account not only the accuracy of the
answers, but also, in order to assign votes higher than the minimum, of
the completeness and clarity of the exposure and of the breadth and
punctuality of the thematic links.
In order to reach a higher score, until the maximum score is reached, the
student will be asked questions of a case studies, from which the student
will have to demonstrate:
3. Judgment autonomy, as it is able to:
- identify the problematic profiles;
-concern solutions.
4. Communication skills, as able to:
- express themselves orally with full ownership of language;
- use the technical-legal lexicon naturally;
- express complex issues and concepts clearly;
5. Learning capacity, as it has:
-integrated the content of the lectures and the manual, consulting, duringthe preparation, jurisprudential decisions and doctrinal texts for
comparison and deepening

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