Transfer of part of an undertaking: functional autonomy and preexistence

Quotidiano del Lavoro – Il Sole 24 Ore, 26 March 2021 – Marco Tesoro

With reference to art. 2112 of the Italian Civil Code, at the sales the part of undertaking shall keep its capacity to perform its function, as identified by the parties.
Those, in summary, are the principles set out by the Court of Cassation in its judgment no. 7364/2021.

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