Natura sinallagmatica dei rapporti mutualistici e rimedi contrattuali

Abstract

Comment to Corte di Cassazione, Sez. II, 2 agosto 2023, n. 23606 The ruling of the Supreme Court confirms the thesis currently prevalent in doctrine and jurisprudence, favorable to the configurability in cooperative companies of two distinct contractual relationships: the social one, characterized by the common purpose, and the mutualistic ones between the members and the company, characterized by the synallagmatic nature. The qualification of mutualistic relationships as contracts with reciprocal obligations determines the applicability of the general principles regarding contractual liability and of the different legal institutions legislatively envisaged to protect contractual fulfillment.