Intervento di Tommaso Sannini – cultore della materia presso il Dipartimento di Scienze Giuridiche dell’Università degli studi di Firenze e Tommaso Stanghellini – avvocato su Agricoltura n.2/2016.
Per effetto dell’ampliamento della nozione di imprenditore agricolo e ettuato con il D.Lgs. 228/2001 la giurisprudenza tende ora, ai fini della qualifica di imprenditore agricolo sottratto al fallimento, ad attribuire sempre maggior rilevanza al concreto svolgimento dell’attività di cura e di sviluppo del ciclo biologico ed alle attività connesse a discapito del mero dato formale dell’oggetto sociale “totalmente agricolo”. Si deve quindi ritenere superata la tesi tradizionale secondo la quale le società che abbiano quale oggetto sociale esclusivo l’esercizio delle attività di tipo agricolo indicate dall’articolo 2135, cod. civ. siano per ciò solo esentate dal fallimento.
Per leggere o scaricare l’intero intervento in pdf, clicca qui.
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