[Autom. eng. transl.] The ruling addresses the issue of the validity of a contract with which some members of an unrecognized association have transferred their position as associates for consideration. The affirmation of the nullity of the contract due to the non-existence of the object (based on the fact that the parties mistakenly stated that they wanted to transfer '' shares '' of participation) proves to be criticized in the light of the real will of the parties. The comment reconstructs the nature and discipline of the phenomenon of transfer of the position of associate, to be qualified as the transfer of the associative contract, identifying the conditions of effectiveness. In particular, we analyze the ways in which consent to the transfer can be given and the value of the statutory clause authorizing the transfer pursuant to art. 24 cod. civ.
|Translated title of the contribution||[Autom. eng. transl.] The transfer of the status of associate as an assignment of the contract|
|Number of pages||7|
|Journal||LA NUOVA GIURISPRUDENZA CIVILE COMMENTATA|
|Publication status||Published - 2018|
- Cessione del contratto