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Autore
Colaneri, Paola

Titolo
Dall'impresa coltivatrice all'impresa agricola professionale: metamorfosi o continuità?
Periodico
Economia & diritto agroalimentare
Anno: 2008 - Volume: 13 - Fascicolo: 1 - Pagina iniziale: 87 - Pagina finale: 100

Our study aims to point out the main passages in developing of agriculture enterprise in modern society. Its evolution can be outlined in three stages: 1. safeguarding of property statical position with consequential identity between the farmer and the owner; 2. safeguarding of grower’s economical action: the grower becomes an agricultural entrepreneur, his activity it’s direct and fit in the market; 3. safeguarding of entrepreneurial action according to procedures concerning not only individual agricultural entrepreneur but also associations, draw-plates, enterprises’ networks, farmers’ unions, “cooperations” – broadly speaking – born to increase the production in its specificity, quality and alimentary safety with consequential consumer’s confidence. The passage from “property” safeguarding to “enterprise and work” safeguarding in the civil code had its influence on agrarian law as well. Traditional agrarian agreements changed their model from exchange pattern to associative pattern till personal right pattern with a new contractual objectivity coming out. Regarding to activity, agricultural enterprise, according to art. 2135 c.c., becomes the point where production with market finality and production with services’ finality are gathered together. Regarding to “subjects given over to agriculture”, national definitions of farmer and grower are meaningful only in circles concerning civil law, revenue and social security, because of (the) community right influence. The presence of a plurality of agricultures and subjective typologies in a framework of overcoming statical concept of agriculture, it’s, actually, remarkable: more than in words of metamorphosis or continuity, we properly talk about a vital evolution of the agricultural entrepreneur’s rule.



SICI: 1970-9498(2008)13:1<87:DCAAPM>2.0.ZU;2-Y
Testo completo: http://www.fupress.net/index.php/eda/article/download/2578/2377

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