Professor Lawyer Giorgio Lener

– Full Professor of Private Law at the Department “Management and Law” of the University of Rome “Tor Vergata” since 2006-07.

– Registered in the Register of Lawyers of Rome since 1996; Lawyer in the Register since 2003.

– Graduated with 60/60 at the classical high school “Terenzio Mamiani” in Rome, in the school year 1987-88.

– Graduated in Law with 110/110 cum laude, at the University of Rome “La Sapienza”, in the academic year 1992-93.

– PhD in “Nuova sistematica del diritto civile, diritto privato comunitario e teoria dell’interpretazione”, in the academic year 1996-97.

– Researcher of Private Law, at the Faculty of Economics of the University of Rome “Tor Vergata”, since 1999.

– Associate Professor of Private Law, at the Faculty of Law of the University of Trento, from academic year 2001-02 to academic year 2004-05 and, therefore, at the Faculty of Economics of the University of Rome “Tor Vergata”, from academic year 2005-06.

– Member of the Academic Senate of the University of Rome “Tor Vergata” from the academic year 2006-07 until the academic year 2014-15.

– Deputy Director of the Department “Management and Law” of the University of Rome “Tor Vergata” from the academic year 2015-16 until May 2019.

– Coordinator of the Level II Master’s Degree “Digital skills for data protection, cybersecurity and privacy”.

– Lawyer of confidence of the Swiss Embassy in Italy.

Languages:

English (very good level)
French (very good level)
German (good level).

* * *

Main personal assignments

– General Counsel of leading private entrepreneurial groups in business crisis recovery procedures (certified plans pursuant to Article 67 of the Bankruptcy Law, bankruptcy agreements pursuant to Article 124 of the Bankruptcy Law, “concordato preventivo” pursuant to Article 160 of the Bankruptcy Law, debt restructuring agreements pursuant to Articles 182-bis and 182-septies of the Bankruptcy Law), with related tax transactions pursuant to art. 182-ter of the Bankruptcy Law), as well as in corporate reorganization processes (through business transfers, mergers and demergers, contracts for the transfer of business and lease of business units);

– General Counsel of the Commissioning Body, as well as member of the Supervisory Body, in extraordinary administration procedures, also pursuant to the so-called “Marzano Law” (d.l. 347/2003), inter alia, with regard to companies operating in the essential public services sector (in particular, in the healthcare and I.R.R.C.S. sector).

– Trustee in bankruptcy, judicial commissioner and liquidator of insolvency proceedings (e.g. in the public transport sector or for the disposal of substantial real estate assets, inter alia, in the high-end hotel sector).

– Board member and voluntary liquidator, instrumental to the preparation and implementation of business crisis recovery procedures, including banking.

– General Counsel of private entrepreneurial groups, operating in the real estate development and requalification sector, with specific regard to the sector contracts (depending on the negotiation “tool” used: purchase and sale of the property, the company’s shareholdings, the company) and the related due diligence activity.

– General Counsel of leading international groups, also listed, in the fashion industry, with direct assistance in “matters” of domestic law, having specific regard to the area of contracts lato sensu of “distribution” (sales contracts, distribution, agency, business procurement, etc.), as well as with the role of coordinator of the activity of legal assistance and advice rendered in multiple foreign jurisdictions.

– Arbitrator in contract and company law disputes.

– Assistance to credit institutions in litigation, as well as in the context of restructuring plans (of bank loans); General consultancy to listed credit institutions; Assistance with regard to the governance structure and remuneration of bodies; Assistance in the drafting of recovery and resolution plans; Assistance in transactions with related parties.

– Assistance, both in and out of court, in bankruptcy proceedings (actions to void, actions for damages, complaints against bankruptcy decisions, etc.).

Main publications

Monographs
Contributo allo studio della condizione unilaterale, Milano, 2012.
Le clausole vessatorie nei contratti del mercato finanziario, Torino, 2003.
Profili del collegamento negoziale, Milano, 1999.
Istituzioni delle leggi civili (insieme ad E. Russo e G. Doria), 6a ed., Padova, 2018.

Latest publications in books and magazines
Intorno ad alcune prospettive di riforma del concordato preventivo tra legge delega e relativa attuazione, Atti del Convegno (14 febbraio 2018, presso l’Università degli studi “Roma Tre”) Verso la riforma della crisi di impresa e dell’insolvenza, in corso di pubblicazione.
Il nuovo «corso» giurisprudenziale della meritevolezza degli interessi, Foro it., 2018, V, 221.
La resolución de derecho, in Alvarez Moreno, E. Gabrielli et alii, Extinción de los contratos – Un enfoque comparado, Thomson Reuters La Ley, Buenos Aires, 2017, p. 637-712.
Ancora sulla vendita di hardware e software, Foro it., 2017, IV, 49.
La «vendita» di hardware e software tra unità e pluralità di contratti, Foro it., 2014, I, 3459.
Quale sorte per la caparra confirmatoria manifestamente eccessiva?, Foro it., 2014, I, 2035.
La “retta via” per il risarcimento del danno?, Danno e resp., 2014, p. 168.