FAMILY BUSINESS LAW
The course aims to analyse the regulation of property regimes in family relationship, starting from the study of the marital property regime and focusing, in particular, on community property (even with reference to the firm co-managed by the spouses), separate property and family trust.
The class will also develop a precise reflection on the relations between business and family law, particularly referring to the so-called “family pact” and to the family firm, with the purpose of offering the study of family law in the dynamic perspective of trade and business.
The marital property regimes. The community property. The separate property. The family trust. The firm co-managed by the spouses. The family firm: definition and legal nature, constitution, object, bussiness qualification of participants, rights and obligation, the pre-emptive right, the business management, the firm’s (and its members’) liability. The “family pact”.
I part: The marital property regimes (h. 24).
II part: The family firm and The “family pact” (h. 24).
- C.M. BIANCA, Diritto civile, Vol 2.1 La Famiglia, Giuffrè, ult. ed. - Capitoli I; IV; XI;
- G. PERLINGIERI, Il patto di famiglia tra bilanciamento dei principi e valutazione comparativa degli interessi, in Rass. dir. civ., 2008, 1, pp. 146-203
- E. LUCCHINI GUASTALLA, Gli strumenti negoziali di trasmissione della ricchezza familiare: dalla donazione si praemoriar al patto di famiglia, in Riv. dir. civ., 2007, 3, pp. 303-321
Assessment of learning takes place through an oral exam. There are no written tests or intermediate tests.
The interview aims to assess the adequate knowledge of the legal institutions being studied and the ability to analyze them in a problematic key.In particular, the student will have to demonstrate mastery of the matrimonial property regime as well as the application problems related to the establishment of the family pact, also in an evolutionary way.