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Nuove funzioni dell'affitto di azienda: le regole e l'esperienza

Fadda Di Martino, Roberto (2012) Nuove funzioni dell'affitto di azienda: le regole e l'esperienza. [Doctoral Thesis]

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Abstract

This study, about techniques used in commercial leasing contracts in companies that practice economic development, is influenced by a specific working hypothesis. It is the study of an entrepreneurial organization that succeeded in the space of a few short years to create an economic initiative capable of promoting the development of a flourishing commercial district in the Cagliari area. This example can give insight into a beneficial use of linked contracts systems for the creation of big economic operations and the development of productive activities during times where resources are scarce and the economy is contracting. Commercial leasing has always been thought of (and this is also the case with Policentro Domus de Janas corporation) as an excellent contractual technique for developing economic initiative. Even if one only considers how it gives the property owner an income from giving the right to use all or part of a productive activity, and how the tenant (who generally does not have the capital to risk investing in the beginning) tests the market by starting its own professional activity. With this objective in mind, this paper will develop in the space of three chapters. 1 The first chapter will frame commercial leasing in the context of the circulatory phenomena of productive apparatuses. The second will concentrate on analyzing the types of contracts used. In this way, the evolution of commercial leasing contracts will be retraced. Evolution that has affected applicable regulations of the business branch and the importance of the starting plan for the purposes of presenting negotiations in doctrine and in jurisprudence. The implications that this kind of contract has on a procedural level should not be omitted. With the inclusion of this figure by the legislator on the list of matters to be decided according to article 447 bis c.p.c. on one side, and subject to the condition of admissibility pronounced by the legislative decree no. 28/2010 on the other. The body of this treatise will consist of analysis in the third chapter of the kind of contracts used by the Policentro Domus de Janas Corporation for the development of its commercial structures. It will also examine the linked contracts system prepared for the economic operation, the marketing of the areas. This sequence, which would eventually get underway with the signing of a preliminary leasing contract and then evolve into a sale of the same areas leased, makes it clear that they are specific in nature with regard to the so called organizational and promotional contract and the veritable business leasing contract. In the first of the two negotiations, the parties intend to base the economic operation and regulate all aspects about the start up and entrance of an entrepreneur in an integrated commercial structure. With the second, the strategy involved in deciding to give to that entrepreneur the right to use the areas through a kind of branch business leasing contract instead of a business lease or a rental of commercial space. 2 In conclusion, the final objective is to understand the peculiarities and limits of application of the model created by the Policentro and the eventual exportability to other kinds of commercial development projects. It is clear that negotiating tools such as commercial leasing allow for mobilizing capital and getting past restrictions on economic initiatives, restrictions due to the unwillingness of property owners to risk entrepreneurially during economic recession and to scarce creditfrom banking institutions.

Item Type:Doctoral Thesis
Date:27 March 2012
Tutor:Loffredo, Elisabetta
PhD classes:Ciclo 22 > Diritto dei contratti
Coordinator:Caredda, Valeria
Institution:Universita' degli Studi di Cagliari
Divisions:Dipartimenti (fino a dicembre 2011) > Dipartimento di Scienze giuridiche e forensi
Subjects:Area 12 - Scienze giuridiche > IUS/04 Diritto commerciale
Uncontrolled Keywords:Diritto dei contratti, affitto di azienda, ramo di azienda, finanziamento dell'impresa, contracts law, business law, law and economics, capital ventures, leasing
ID Code:740
Deposited On:27 Mar 2012 17:59

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