Company and Business Law (commercial Law)

Academic Year 2023/2024 - Teacher: DAVIDE ARCIDIACONO

Expected Learning Outcomes

  1. Knowledge and Comprehension: The course aims to ensure that the student acquires a deep understanding of the subject matter at an institutional level, while also being aware enough to address concrete interpretative issues.
  2. Application of Knowledge and Understanding: The student reflects on the regulatory framework and established interpretations, also considering the socio-economic function of the norms.
  3. Autonomy of Judgment: The student will be capable of evaluating practical cases independently.
  4. Communication Skills: The student will be able to communicate the reached conclusions clearly enough to both specialist and non-specialist audiences.
  5. Learning Ability: Combining lectures with textbook study will facilitate effective learning outcomes.

Course Structure

Frontal/Traditional Teaching

Required Prerequisites

Adequate knowledge of private law

Attendance of Lessons

Attendance is recommended.

Detailed Course Content

PART I (3 CFU) Entrepreneurs. The business register. The company. Competition. Entrepreneur's auxiliaries. Collective enterprise and social enterprise. Companies in general. Simple partnership. General partnership. Limited partnership.

PART II (3 CFU) Joint-stock company. Companies with shares listed on regulated markets. Limited liability company. Partnership limited by shares. Liquidation. Transformation. Merger. Split-up. Companies among professionals. Cooperative companies. Participation agreements. Regulated markets and listed companies. Companies in regulated sectors.

PART III (3 CFU) Insolvency procedures. Judicial liquidation. Opening of judicial liquidation. Bodies of judicial liquidation. Seizure of assets in judicial liquidation. Administration expenses. Business operation. Effects of the opening of judicial liquidation. Liquidation and distribution of assets. Termination of judicial liquidation. Judicial liquidation of companies. Administrative compulsory liquidation. Extraordinary administration of large insolvent businesses. Preventive agreement and restructuring agreements. The code of crisis and insolvency.

Textbook Information

AuthorTitlePublisherYearISBN
AA.VV.Manuale di diritto commercialeGiappichelli20239788892143791

Learning Assessment

Learning Assessment Procedures

Oral examination.

The assessment of learning may also be conducted through remote means if the conditions require it.

EXAMINATION SPLITTING

For students who are not in their regular year of study, it is allowed to take the exam in two parts (both after regular booking through the computer system, specifying in the "notes" the part they intend to take). For the first exam part, the program covers the first and second sections as outlined in the course syllabus (with the same reference texts). For the second exam part, the program covers the third section as outlined in the course syllabus (with the same reference texts). It is advisable for the student to take the first exam part only once per session. Once the first part is passed, the second part must be successfully completed in the immediately following exam session, or else the validity of the first part will automatically expire. In case of failure to pass the second part, the student will forfeit the first part.

For attending students, both current and non-regular, further instructions will be provided during the first course lesson.

VERSIONE IN ITALIANO