Checking date: 31/03/2022


Course: 2023/2024

Insolvency
(16950)
Master in Legal Practice and Representation (Plan: 513 - Estudio: 271)
EPD


Coordinating teacher: CANDELARIO MACIAS, MARIA ISABEL

Department assigned to the subject: Private Law Department

Type: Electives
ECTS Credits: 3.0 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.
Objectives
Basic skills Knowledge and understanding that provides a basis or opportunity to be originality in developing and / or applying ideas, often in a context of research (CB6). That the students can apply their knowledge and their ability to problem solving in new or unfamiliar environments within contexts broader (or multidisciplinary) related to their field of study (CB7) That students are able to integrate knowledge and face the complexity of making judgments based on information that was incomplete or limited, includes reflections on social and ethical responsibilities linked to the application of their knowledge and judgments (CB8) Students can communicate their conclusions what knowledge and sustentan¿ ultimate reasons that public specialized and non-specialist (CB9) Students must possess the learning skills that enable them to continue I studied in a way that will be largely self-directed or autonomous (CB10)
Skills and learning outcomes
Description of contents: programme
The program is divided into a number of thematic blocks, each subject will be held in 3 sessions. THEME I: THE SPANISH BANKRUPTCY LAW: LAW 22/2003. 1. Background-Evolution. 2. Generic Considerations: Concept, Terminology, Purpose and Principles. 3. Systematics of Law 20/2003. 4. Budget subjective and objective. 5. Legitimacy. 6. Request. Practical cases. (3 Sessions) * TOPIC II: APPLICATION. STATEMENT OF COMPETITION AND BODIES OF THE COMPETITION. 1. Legitimacy. 2. Application and Declaration. 3. The competent judge to declare and process the contest. Functions. 4. Commercial Courts. 5. The Insolvency Administration. 6. Functions. 7. Statute Manager: Disabilities, incompatibilities, prohibitions, Auxiliary Delegates. 8. The report of the Bankruptcy Management and Accountability. 9. bankruptcy bodies not necessary: ¿¿the Board of Creditors and the Bankruptcy Ombudsman. Practical cases. (3 Sessions) * TOPIC III: EFFECTS OF COMPETITION AND LIMITS OF MASSES. 1. The procedure: Effects on the debtor, creditors, credit, contracts and acts harmful to the passive mass. 2. Delimitation of the active mass. 3. Determination of the Passive Mass: Classification of receivables. Practical cases. (3 Sessions) * THEME IV: THE CONVENTION AND THE PLAN IN THE BANKRUPTCY LAW. 1. Purpose of the agreement, concept, legal nature and types of agreement. 2. Persons entitled to submit the proposed agreement: Moment, form and content. 3. Effects of early and common agreement proposal phase. 4. Board of creditors. Opposition to the agreement. 5. Compliance / Non-compliance with the Convention. 6. The payment plan and feasibility. Practical cases. (3 Sessions) * TOPIC V: THE BANKRUPTCY LIQUIDATION. 1. Who can apply anytime. 2. Effects of the opening of the liquidation phase. 3. Effects and Operations of the Settlement. 4. Payment of credits. 5. Conclusion of the competition. Reopening Contest. Responsibility Contest. Practical cases. (3 Sessions) * TOPIC VI: PRECONCURSALIDAD: 1. The Refinancing Agreement. 2. The Settlement Payment. Practical cases. (3 Sessions) *
Learning activities and methodology
For each of the optional subjects of 3 ECTS, to integrate 15 ECTS, the workload is the following: Theory hours: 20 h. Practice hours: 10 h. Hours student work and other activities: 45 h teaching methodology
Assessment System
  • % end-of-term-examination 40
  • % of continuous assessment (assigments, laboratory, practicals...) 60
Calendar of Continuous assessment
Basic Bibliography
  • CANDELARIO MACÍAS, Mª. I.. LECCIONES DE DERECHO CONCURSAL. TECNOS. 2012

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