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Soggettività giuridica e società di persone 

Gaia De Marchi    Dottoranda di ricerca in Diritto, mercato, persona nell'Università Ca' Foscari Venezia    



In the management of unfair competition by a company disciplined in the art. 2598 of the Civil Code by the judgement of August 7th 2014, n. 17792 the Supreme Court invokes a principle established by the United Sections of the same Court saying that the Partnership, although without legal personality, are subject individually to this law.   The main point of the issue considered by the Court is establishing whether the company is or is not legal subject and therefore, imputation centre of active and passive legal situations. According with the financial autonomy as subjective key, also in this kind of company typology, it determines the transfer the ownership of the assets of the partners (in facto) to the Partnership (de facto). Therefore, the absence of the entity’s legal status does not preclude the possibility to be considered part in law actions because the Partnership is a centre of imputation with a specific legal subject distinct from partners ones and with an own trial identity.