ADR, Negoziazione e mediazione.
Strumenti di prevenzione del conflitto. La mediazione nell'ordinamento giuridico europeo e italiano.
Course Content - Part A
Enterprises and competition.
Funding of financial resources. The bank relationships. The payment system.
Principles and regulations concerning crisis and bankruptcy.
6 of 15 CFU are borrowed by the course of Mediazione dei conflitti.
G. CONTE e P. LUCARELLI (a cura di), Mediazione e Progresso. Persona, società, professione e impresa, Utet Giuridica, 2012, Capitoli I, III, VII, X, XII.
F.P. Luiso, Diritto processuale civile, Volume V: La risoluzione non giurisdizionale delle controversie, 2017. Capitoli: 1, 2, 3, 4, 5.
For the students who have been attending regularly the lessons: lessons notes and slides, other materials (as case law and decisions) provided during the lessons.
For all the other students:
1) G. PRESTI - M. RESCIGNO, Corso di diritto commerciale, 8° ed., Zanichelli, Bologna, 2017; Volume I: Lezioni IV, V, VI, VIII (only par. 4), IX, X, XI, XII e XIII (approx 180 pp.). The same textbook is available also in a single volume (also published in 2017), which has exactly the same content.
2) In addition, for the part of the course concerning crisis and insolvency: G. FAUCEGLIA, Il nuovo diritto della crisi e dell’insolvenza (d.lgs. 12 gennaio 2019, n. 14), Giappichelli editore, 2019, chapters from I to V included (pp. from 1 to 82) and chapters X, XI e XII (pp. from 213 to 243).
During the course shall be set out other complementary text and materials (especially case law).
Learning Objectives
Knowledge
Concepts and discipline on mediation.
Capacity
A) Ability to address the main theoretical and practical issues emerging in ADR and mediation.
B) The ability to search for normative, bibliographic and jurisprudential material, and to use them for correct set-up and problem solving.
Expertise
Management of ADR and mediation.
Learning Objectives - Part A
KNOWLEDGE
Principles and regulations concerning enterprises, competitivity and market relationships.
Principles and regulations concerning funding of financial resources wit special regard to banking relationships and contracts.
Principles concerning crises and insolvency.
SKILLS
i) Capacity to deal with major theoretical and practical issues arising from commercial law with particular reference to the ability of the enterprises to stay on the market and grow, and to the remedies provided by law in case of failure and insolvency.
ii) Capacity to find and discuss regulations, cases, and bibliography in order to properly set and solve legal problems.
ABILITY
Critical understanding of the role of business law, with particular reference to wealth creation, financing, innovation. Ability in discussing legal issues based on the construction of business law, including European and international law.
Prerequisites
Diritto costituzionale generale, Diritto privato I.
Prerequisites - Part A
In order to take the exam, students shall have passed the following exams: General Constitutional Law, Private Law I and Commercial Law.
Study of general Commercial law (entrepreneur and companies) is advised.
Teaching Methods
Lectures, classroom exercises
Teaching Methods - Part A
Lectures and exercises (72 hours). The course will be partly done with class discussion of issues arising from recent cases.
Power point presentations and other materials handed out during the lessons, will be available through the Moodle Platform.
Further information - Part A
The material will be published in the Moodle Platform.
6 of 16 CFU are borrowed by the course of Mediazione dei conflitti.
Type of Assessment
FINAL EXAM: The Conflict Mediation Examination will be supported in one oral exam at the end of the course.
During the exam, the student must demonstrate absolute mastery of the subject.
Type of Assessment - Part A
The examination will be oral.
During the examination candidates will have to show ability to find and discuss the relevant rules for the matter, that they will be allowed to read.
Optional Written test reserved to students who have been attending regularly the lessons.
The above mentioned written test consists of 5 (five) short open-ended questions, and 10 (ten) multiple choice questions, to be answered in an hour and thirty minutes. The questions will be pre-printed in the sheets that will be handed at the beginning of each exam. The lines dedicated to each question are merely indicative and not exhaustive. Additional sheets will be available. The evaluation shall be sufficient if at least 10 answers are fully sufficient. In any case, the students may require to take an oral examination.
Course program
ADR, Negotiation and Mediation.
Conflicts prevention technics. Mediation in the European and Italian legal order.
Mediation and Negotiation skills.
Course program - Part A
Enterprises and competition. The competition between enterprises. The competition rules and unfair competition.
Competition and competivity. The net contract.
Funding of financial resources. The bank relationships.
Financing the commercial enterprises.
The financial structure of Italian companies
Equity, quasi equity and debt
The banking and finance agreement and contracts.
The payment system.
Bankruptcy and insolvency law.
The Italian Bankruptcy code (2019).
The insolvency procedure (winding up).
The directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019, on preventive restructuring and bankruptcy