Checking date: 10/06/2021


Course: 2021/2022

Administrative practice and civil bankruptcy
(16829)
Study: Master in Business Legal Advice (317)
EPD


Coordinating teacher: LOPEZ JIMENEZ, RAQUEL

Department assigned to the subject: Department of Private Law

Type: Electives
ECTS Credits: 3.0 ECTS

Course:
Semester:




Objectives
BASIC SKILLS Possess and understand knowledge that provides a basis or opportunity to be original in the development and / or application of ideas, often in a research context That students know how to apply the knowledge acquired and their ability to solve problems in new or little-known environments within broader (or multidisciplinary) contexts related to their area of ¿¿study That students are able to integrate knowledge and face the complexity of formulating judgments based on information that, being incomplete or limited, includes reflections on the social and ethical responsibilities linked to the application of their knowledge and judgments. That students know how to communicate their conclusions and the knowledge and ultimate reasons that support them to specialized and non-specialized audiences in a clear and unambiguous way That students possess the learning skills that allow them to continue studying in a way that will be largely self-directed or autonomous. GENERAL COMPETENCES Apply advanced theoretical-practical training in business legal advice. Understand the importance of law as a regulatory system for social relations. Perceive the unitary nature of the legal system and the necessary interdisciplinary vision of legal problems. Be able to manage, identify, organize and analyze legal information. Teamwork capacity Ability to make critical judgments on legal issues. Ability to carry out interdisciplinary legal advice. Ability to write legal documents Acquisition of correct deontological behavior. Know how to communicate the conclusions to specialized and non-specialized audiences in a clear and unambiguous way. SPECIFIC COMPETENCES Ability to identify legal-business problems in specific situations and develop solution strategies Negotiation capacity to resolve and / or avoid situations of legal conflict. Ability to advise the company in matters of economic criminal law.
Skills and learning outcomes
Description of contents: programme
1647/5000 Bankruptcy Practice: 1. Initial phase of the contest and classes of competitions: Classes of contests, request for declaration of insolvency, specialties bankruptcy process, judicial competence. The bankruptcy incident. 2. Effects of the declaration of insolvency in the contracts and qualification of the credits: The determination of the passive mass, insolvency credits and credits against the mass. Recognition of the credits of the mass. Structure and content of the list of creditors. The employment contract in the Bankruptcy Law 3. Effects of the declaration of bankruptcy on the assets of the insolvent company: Determination of the assets and reintegration actions. The Bankruptcy Administration Report. 4. The agreement of creditors: pre-bankruptcy institutes, refinancing agreements and bankruptcy mediation. - Proposal of Agreement: Requirements and adhesion. The Board of Creditors. The judicial approval of the agreement. Consequences breach of the agreement. The transfer of assets and legal requirements that must be met 5. Bankruptcy administrators and qualification of the agreement. Appointment and functions of the insolvency administrator. The qualification of the contest and its legal and practical consequences. The liquidation of the insolvent company. Civil liability 1. General Concepts. 2. Causal link 3. The subjects and the obligation of compensation. 4. The damage 5. Limitation of the action for claiming damages. 6. Civil liability in accidents at work. 7. Civil liability of public administrations. Patrimonial responsibility. 8. Specific case of civil liability.
Learning activities and methodology
FORMATION ACTIVITIES Theoretical practical classes Individual work of the student TEACHING METHODOLOGY Exhibitions 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. Critical reading of texts recommended by the teacher of the subject: Press articles, reports, manuals and / or academic articles, either for further discussion in class, or to expand and consolidate the knowledge of the subject. Resolution of practical cases, problems, etc. ¿posed by the teacher individually or in groups Exhibition and discussion in class, under the professor's moderation of topics related to the content of the subject, as well as case studies Preparation of papers and reports individually or in groups
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40

The course syllabus and the academic weekly planning may change due academic events or other reasons.