Sul nuovo assetto costituzionale dell'impresa familiare

M. Tola

2025-01-01

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Abstract

After reviewing the implications arising from the regulation of the “impresa familiare” and the doctrinal and jurisprudential interpretations that have shaped its application over the years, the paper analyzes the underlying reasons for the declaration of constitutional illegitimacy of the Article 230-bis of the Italian Civil Code, insofar as it does not include the de facto cohabiting partner among the participating "family members", and the consequential illegitimacy of Article 230-ter of the Italian Civil Code, underlining its inconsistency with the interests considered by the legislator during the 1975 family law reform.