Un significativo arresto della giurisprudenza di merito sull’opaco confine tra affitto d’azienda e locazione di immobile c.d. commerciale con pertinenze

Author analyzes an interesting decision concerning a traditional topic of business law: the recognition of the distinguishing features between a tenancy of a business unit, on the one hand, and a lease of immovable property for nonresidential use, having a productive purpose, on the other. The dispute concerns the judicial qualification of a contract between a company managing a shopping centre and a company operating therein. In particular, according to the case law of legitimacy, there is a lease of urban property for commercial use instead of a lease (of a business branch) pursuant to article 2562 of the Italian Civil Code, where there is no pre-existing business complex, consisting of immovable and/or movable property, already organised by the grantor for the exercise of a planned and determined business activity, in which the entrepreneur taking over the business is present. The judicial qualification is not affected by the nomen iuris of "leasing of a branch of business" attributed by the parties to the original agreement.