Enterprises and competition. Distinguishing marks. Commercial contracts.
Funding of financial resources. The bank relationships. The payment system.
Principles and regulations concerning crisis and bankruptcy.
BUONOCORE, Manuale di diritto commerciale, Giappichelli,
2020: part I (ch. 3, 4, 5, 6, 7 e 8), part III (ch. 1), part IV, parte VI.
LUCARELLI-RISTORI, Contratti commerciali di durata, Wolters Kluwer, 2017.
Learning Objectives
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
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 and exercises. 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 also through the Moodle Platform.
Type of Assessment
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.
Course program
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. Distinguishing marks. Commercial 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