16 L'IMPRESA FAMILIARE

Summary

This video script delves into the concept of 'l'impresa familiare' (family business) as outlined in Article 230-bis of the Italian Civil Code. It discusses the roles and rights of family members who contribute to the business, including spouses, relatives within the third degree, and in-laws within the second degree. The family business's main characteristic is the continuous nature of work, as well as the right to maintenance, participation in profits, and company growth. The script also touches on Law 76 of 2016, which grants rights to cohabiting partners who contribute to the business, allowing them to share in the profits and assets, provided there is no formal work contract or partnership.

Takeaways

• 😀 The family business, as defined by Article 230-bis of the Civil Code, involves collaboration among family members, including spouses, relatives within the third degree, and in-laws within the second degree.
• 😀 Family members who work continuously in the family business are entitled to maintenance based on the family’s financial condition and a share of the business's profits or increases in proportion to the quantity and quality of work provided.
• 😀 The family business has a supplementary and subsidiary nature, meaning it applies only when family relationships are not governed by a different legal agreement or contract.
• 😀 The activity of a family business must be organized and continuous, with the goal of producing and exchanging goods and services.
• 😀 Family members' contributions must be continuous, excluding occasional or sporadic work, and their roles may be governed by the rules of both the family and the business.
• 😀 The work performed within the family business must be instrumental to the business, and not simply domestic work.
• 😀 The family member's rights in the business include the right to maintenance, participation in profits, and a share of assets purchased through the business, including the goodwill of the business.
• 😀 The right to participate in the family business’s decision-making is also granted to family members who contribute to the business.
• 😀 The introduction of Article 230-ter of the Civil Code in Law 76/2016 acknowledges the rights of cohabiting partners working in each other's family businesses, entitling them to a share of profits and assets in proportion to the work provided.
• 😀 However, the right to participate in the family business's benefits does not apply if there is a formal work or partnership contract between the cohabiting partners.

Q & A

What is the definition of a family business according to the Italian Civil Code?

A family business, as defined in Article 230-bis of the Italian Civil Code, is one where spouses, relatives up to the third degree, and in-laws up to the second degree collaborate. The family member who continuously provides their labor has the right to maintenance and a share of the business profits or increases based on the quantity and quality of work provided.

Who are considered eligible participants in a family business under the Italian Civil Code?

Eligible participants in a family business include spouses, relatives up to the third degree, and in-laws up to the second degree.

What rights does a family member who participates in the business have?

A participating family member has the right to maintenance (sufficient for their normal living needs), a share of the business profits, an interest in the assets acquired by the business, and a share of the business's increase, including goodwill, based on the work contributed.

What distinguishes the work of a family member in a family business from domestic work?

The work of a family member in a family business is distinct from domestic work because it is focused on business operations and is instrumental to the business's success, not merely household tasks.

What is meant by 'subsidiary' and 'supplementary' in the context of a family business?

A family business is considered subsidiary and supplementary because it only applies when family relations do not fall under another specific legal arrangement or contract, such as a formal employment or business agreement.

How does the Italian Civil Code define the continuity of work in a family business?

The work of a participant in a family business must be continuous, meaning occasional or sporadic work is excluded from being considered as part of the family business.

What is the significance of Article 230-ter of the Italian Civil Code introduced by Law 76 of 2016?

Article 230-ter, introduced by Law 76 of 2016, grants the right to participate in the business's profits and assets to a cohabiting partner who contributes their labor to the business. This participation is based on the work performed, but it does not apply if there is a formal business partnership or an employment relationship between the partners.

Under what circumstances do cohabiting partners not have the right to participate in the business's profits?

Cohabiting partners do not have the right to participate in the business's profits if there is a formal business partnership or a subordinate employment relationship between them.

What role does the quantity and quality of work play in a family member's share of the business profits?

The quantity and quality of work provided by the family member directly influence the proportion of business profits and increases (such as goodwill) they are entitled to receive.

What is the purpose of the family business as stated in the script?

The purpose of the family business is to carry out an organized and continuous economic activity by family members, with the goal of producing and exchanging goods and services.