19 September 2024

The Cespec Conference on San Servolo Island Focused on the Crisis Code

The event will take place on the beautiful island of San Servolo in the Venetian lagoon. This is a highly significant training event, dedicated to Judges of Insolvency and Real Estate Execution Procedures. It is a prestigious occasion that our team has had the honor of attending for years, continuously strengthening our relationship with the organizing body over time.

Like previous editions, this year’s Conference will include sections dedicated to Insolvency Procedures, Real Estate Executions, and Economic Crime. The main topic of discussion will be business crises and insolvency. Prominent figures from the legal and academic worlds will participate, providing a unique opportunity for networking and updates on current and constantly evolving issues.

Insolvency Procedures

The sixteenth seminar for Delegated Judges, Criminal Judges, and Public Prosecutors will focus on the corrective decree to the crisis and insolvency code. The event will begin on Friday, September 20th, with interventions aimed at investigating the role of the Judge in negotiated settlements and the tools for resolving crises and insolvency, the debt restructuring agreement, and pre-bankruptcy agreements. On Saturday, September 21st, the focus will shift to liquidation procedures, including simplified agreements, judicial liquidation, and agreements within judicial liquidation. There will also be a session dedicated to over-indebtedness, with particular attention to consumer plans, minor agreements, and controlled liquidation. The fifth session of the day will discuss organizational challenges for offices and new interpretative criteria, comparing emerging new issues with best practices. Finally, information flows between Courts and Prosecutor’s Offices and the content of auxiliary reports will be the central topic of the last day, Sunday, September 22nd.

Economic Crime

The conference session dedicated to Economic Crime will also begin on Friday, September 20th, addressing the role of the Public Prosecutor in the negotiated settlement of business crises, pre-bankruptcy agreements, restructuring agreements, and judicial liquidation. On the second day, Saturday, September 21st, professionals and legal authorities will tackle the issue of corporate liability for administrative offenses resulting from criminal acts, investigative techniques, with a focus on drafting charges and managing trials. The Economic Crime session will continue with preventive asset measures, managing companies subject to seizure or confiscation, and an analysis of practical problems. The day will conclude with a debate among young colleagues on practical and theoretical issues in investigative management and judgment.

Real Estate Executions

Also on Friday, September 20th, parallel to the other conference sessions, the session dedicated to Real Estate Executions will begin. The debate will open with a focus on the “Hearing under Article 600 of the Civil Procedure Code,” specifically on necessary checks, natural separation, and quota sales, while the second part of the day will be dedicated to intra-executive division judgments. Detailed analyses will include controls and the role of auxiliaries, the sale order, judgment outcomes, the resumption of the enforcement process along with the allocation of assets, the divisional project, and compensations. On Saturday, September 21st, the session will delve into the “state of the art on the banking title,” with particular references to judicial and extrajudicial titles. The session will continue with a focus on banking enforcement action, detailing bank transfers, the assignee’s legitimacy, the value and form of the receipt in the loan contract, ex officio powers of the Enforcement Judge, and the burden of proof. The day will conclude with a question time on the critical issues that emerged during the debate. Finally, on Sunday, September 22nd, the seminar will address issues related to collection and related “oppositions.”

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