Checking date: 28/05/2024


Course: 2024/2025

International Insolvency Proceedings
(17276)
Master in International Advocacy (Plan: 370 - Estudio: 334)
EPD


Coordinating teacher: CANDELARIO MACIAS, MARIA ISABEL

Department assigned to the subject: Private Law Department

Type: Electives
ECTS Credits: 2.0 ECTS

Course:
Semester:




Requirements (Subjects that are assumed to be known)
Materials that are characteristic of the Degree in Law: Civil Law, Commercial Law, among others.
Skills and learning outcomes
Description of contents: programme
International insolvency proceedings 1.- Pre-insolvency scenarios. Pre-insolvency and schemes of arrangement 2.- Beginning of the insolvency a) Situation of insolvency. b) Standing request opening, and insolvent company c) Insolvency and groups of companies 3.- International insolvency proceedings a) General matters: territorialist and universalist views. b) Jurisdiction and applicable law. c) Secondary proceedings and cross-border groups. 4.- Consequences of insolvency a) Impact on debts outstanding and executory contracts. b) Avoidance actions. c) Subordination. d) Liability. e) Applicable law to property and security rights, set-off, avoidance, subordination and liability.
Learning activities and methodology
TRAINING ACTIVITIES FOR MATTERS AF1 Theoretical class AF2 Practical classes AF3 Theoretical practical classes AF6 Group work AF7 Individual student work TEACHING METHODOLOGIES BY SUBJECT MD1: Presentations in the teacher's class with support of computer and audiovisual media, in which the main concepts of the subject are developed and the bibliography is provided to complement the students' learning. MD2: Critical reading of texts recommended by the teacher of the subject: Press articles, reports, manuals and / or academic articles, either for later discussion in class, or to broaden and consolidate the knowledge of the subject. MD3: Resolution of practical cases, problems, etc., raised by the teacher individually or in a group MD4: Exposition and discussion in class, under the moderation of the professor of subjects related to the content of the subject, as well as of practical cases MD5: Individual and group work and reports TUTORING: Students will have access to tutorials with the person responsible for coordinating the subject. With the tutoring it is intended to organize the teaching and learning processes that are based on the interaction between the student and the teacher in order to: (i) Guide the autonomous and group work of the students (ii) Deepen in different aspects of the subject (iii) Guide the academic and comprehensive training of the student. The tutorials will take place at the time and under the conditions determined by the teacher in Aula Global.
Assessment System
  • % end-of-term-examination 30
  • % of continuous assessment (assigments, laboratory, practicals...) 70

Calendar of Continuous assessment


Basic Bibliography
  • BEALE, Simon and KEDDIE, Paul. . Insolvency and Restructuring Manual. Bloomsbury Publishing Ltd.. 2018
  • HEINZ VALLENDER. Judicial Cooperation within the EC Insolvency Regulation. https://www.iiiglobal.org/sites/default/files/heinzvallender.pdf.
  • . Regulation (EU) 2015/848 of the European Parliament - EUR-Lex. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri....
  • HUFELD, Felix; KOIJEN, Ralph S.J.; Editor Thimann, Christian.. The Economics, regulation, and systemic risk of insolvency markets. . Oxford University Press . 2018

The course syllabus may change due academic events or other reasons.