Società, agrarietà e oggetto sociale

The exemption of an agricultural company from being subject to bankruptcy procedures cannot be considered unconditional, as it ceases when the functional connection with the «biological cycle», understood as a production factor, is in fact non-existent or when the connected activities referred to in Art. 2135 of the Civil Code, take on decidedly prevalent importance, disproportionate to those of cultivation, livestock and forestry, or when it is ascertained in the merits that the agricultural enterprise established in corporate form has actually exercised commercial activity, to a prevalent extent on agricultural activity contemplated exclusively by the corporate purpose. In search of the qualification indices of an agricultural company, for the purposes of avoiding bankruptcy proceedings, the question of the effectiveness of the corpo-rate purpose arises. The question is which statute should be applied in the event that the term agricultural company and the declared agricultural object do not correspond in terms of effectiveness to the exercise of an activity pursuant to art. 2135 of the Civil Code, as well as which statute to apply in the case of a company with a declared commercial object which actually carries out agricultural activity, and which regulations to finally apply when the declared agricultural object is in reality an unlawful object.

Il lavoro affronta il tema della effettività dell'oggetto sociale nelle società agricole, laddove le modifiche e le integrazioni all'oggetto possano di fato far transitare la società dall'area dell'agrarietà a quella della commercialità