- La governance della società di capitale a base familiare: "Protocolo Familiar" e Patti di Famiglia
- Serrano Canas, José Manuel <1977>
Subject
- IUS/04 Diritto commerciale
Description
- Family businesses have acquired a very specific gravity in the economy of occidental countries, generating most of the employment and the richness for the last ages. In Spain Family Businesses represent the 65% about the total of enterprises with 1,5 million companies. They give employment to 8 million people, the 80% of the private employment and develop the 65% of the Spanish GNP (Gross National Product). Otherwise, the family business needs a complete law regulation that gives satisfaction to their own necessities and challenges. These companies have to deal with national or international economic scene to assure their permanency and competitiveness. In fact, the statistics about family companies have a medium life of 35 years. European family businesses success their successor process between a 10 and 25%. Itâs said: first generation makes, second generation stays, third generation distributes. In that sense, the Recommendation of the European Commission of December 7º 1994 about the succession of the small and medium companies has reformed European internal orders according to make easier successor process and to introduce practices of family companiesâ good government. So, the Italian law, under the 14th Law, February 2006, has reformed its Covil Code, appearing a new concept, called âPatto di famigliaâ, wich abolish the prohibition as laid dwon in the 458 article about successorsâ agreements, admitting the possibility that testator guarantees the continuity of the company or of the family society, giving it, totally or in part, to one or various of its descendents. On other hand, Spain has promulgated the 17th Royal Decree (9th February 2007), that governs the publicity of family agreements (Protocolos familiars). These âprotocolo familiarâ (Family Agreement) are known as accord of wills, consented and accepted unanimously of all the family members and the company, taking into account recommendations and practices of family companyâs good government.
Date
- 2009-04-03
Type
- Doctoral Thesis
- PeerReviewed
Format
- application/pdf
Identifier
urn:nbn:it:unibo-1525
Serrano Canas, José Manuel (2009) La governance della società di capitale a base familiare: "Protocolo Familiar" e Patti di Famiglia, [Dissertation thesis], Alma Mater Studiorum Università di Bologna. Dottorato di ricerca in Istituzioni, mercati e tutele: indirizzo "Diritto delle società e dei mercati finanziari"