Assignment of company lease: enforceability to the creditor only if transcribed

  • 05/12/2018

The Court of Cassation, with sentence no. 26701 of October 23, 2018, stated for the first time on a topic that had never been discussed, such as the applicability of art. 2643 n. 9 c.c. - in the matter of transcription - to the transfer of company lease.

According to the judges, the assignment of the fee deriving from the company lease contract is opposable to the attachment creditor only if it has been duly recorded in accordance with art. 2643 n. 9 c.c. The provision also refers to the fees for the rent of a company, including the assets of which a property is included: the figure of the company rent (Article 2562 of the civil code), in fact, is due to the case in point 1615 c.c. and, therefore, the notion of rent, referred to in said n. 9, is also suitable to include the consideration of the company rent.


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