Impresa, società e associazione dopo l'entrata a regime del codice del terzo settore.

This article analyzes the rules governing the financial liability of non-corporate collective entities engaged in business activities. The author identifies Article 38 of the Italian Civil Code as the provision most suited to resolving conflicts involving financial liability not only of the entity but also of the person who used its name. Having established this, the issue remains of regulating the financial liability of a member of an unincorporated association who has acted outside the entity, using its name. However, according to the most recent Supreme Court caselaw, this member cannot be equated with a partner in a partnership. The essay concludes with a section on the Belgian law governing companies and associations, a recent provision that can provide insights for reorganizing the Italian rules governing commercial representation and the liability of association directors.