Marco Novella

The case law on transfer of a part of an undertaking

  • Abstract

Informations and abstract

Keywords: Transfer of a Part of Undertaking; Transfer of a Functionally Autonomous Part; Pre-existence of the part Before the Transfer.

The paper is divided into two parts. In the first, in dialogue with the report of Luigi Mariucci, the author carries out some methodological observations on the possibility of identifying elements of the "dominant economic thinking" in the case law. In the second part, the author verifies the degree of autonomy or subordination of judges in respect of this "dominant economic thinking" with particular reference to a specific issue: that of the jurisprudential construction of the notion of transfer of undertaking (art. 2112 c.c.).

Trova nel catalogo di Worldcat

Article first page

Article first page