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A business can be defined as artisan only if requirements set forth in Law no. 443 of 1985 are satisfied

  • 30/07/2018

Article 2751 bis, no. 5), of the Italian Civil Code, provides that the credits of an artisan business, as defined by the law and especially by Law no. 443 of 1985, have a general privilege on movables.

With regard to this, the Court of Cassation, by Judgment no. 18723 of 13th July 2018, has ruled that the registration on the artisan businesses’ register is necessary but not sufficient in order for a business to be considered as artisan.

According to article 2751 bis, no. 5, of the Civil Code, a business can then be defined as artisan only if all requirements set forth in Law no. 443 of 1985 are satisfied, including the preponderance of labor done by the partners (in comparison with the other factors of production) and the compliance with the maximum number of employees.

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