L’esperienza dei comitati e degli enti «di fatto» nella preparazione del Codice civile del 1942

The Author examines the development of committees and other de facto entities, absent from nineteenth-century civil codes, during the preparatory work of the 1942 Italian Civil Code. In the lack of any express regulation in the Italian Civil Code of 1865, legal scholarship and case law from the 1880s onward addressed the legal nature of committees and their relationship with foundations, particularly through the work of Vittorio Scialoja, who introduced into Italy and endorsed the ideas of Rudolf von Jhering. The study traces the role of the draft of Book I of the Civil Code and the contributions of Italian universities, which followed the legislative process that shaped a regulatory framework whose significance expanded both during and after the promulgation of the current Civil Code.