Home > Catalogue > Ricerche giuridiche > 5 | 1 | 2016 > Soggettività giuridica e società di persone 

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.  

June 30, 2016

Keywords: Soggettività giuridicaSocietà di personePersonalità giuridica

Copyright: © 2016 Gaia De Marchi. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.