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VII – Association Case Study

VII – Association Case Study. Prof. Avv. Bruno Tassone Docente di Principles of Civil Law LUISS Guido Carli. The Riding Stables. Carla, her relatives and other friends decide ( many years ago) to rent a land from Mario to build up a Riding Stables (the “Ranch”).

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VII – Association Case Study

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  1. VII – Association Case Study Prof. Avv. Bruno Tassone Docente di Principles of Civil Law LUISS Guido Carli

  2. The Riding Stables • Carla, her relatives and other friends decide (many years ago) to rent a land from Mario to build up a Riding Stables (the “Ranch”). • To manage the Ranch they set up a non registered association whose President is Carla (the Association), then officially enrolled at FISE (the Equestrian Games Italian Federation) • For tax reasons, Carla and her relatives create Company A too, which provides services to the Association. • Furthermore, it is Company A which rents the Ranch from Mario and then leases it for free to the Association.

  3. The Area • Exactly in front of the Ranch there is a abandoned (physically uniform but formally fragmented) area, as the farmers owning the single parts (the “Owners”) do not care and fence it (the “Area”). • Mario says Carla that he will help in reaching an agreement with Owners for the use of the Area and that - in the meanwhile - she can occupy it. • Therefore Carla fences the Area and builds up several works (the “Works”) to provide the customers (members of the Association) all horse-riding services (such as classes, simulated competitions, grazing, etc.).

  4. The Area II

  5. The CircoloIppico • After few years the founders of the Association other then Carla and her relatives decide to leave the business, so that the Association is dissolved. • Carla and her relatives set up another association called “CircoloIppico” which takes the place of the Association (enrolling at FISE, renting the Ranch from Company A, etc.). • Therefore, Carla lets CircoloIppico use the Area - together with the Ranch - to manage the horse- riding activity and get the payments from the services provided to customers (members). • Carla also uses the Area autonomously carrying out some maintenance jobs alone and inviting friends for picnics, outdoor activities, etc. • Furthermore, Carla and the CircoloIppico improve the Works, building up new structures.

  6. The Disaster • On April 2009, right after the sunrise, three bulldozers and a team of workers appear on the scene and, in a short time, destroy all the Works on the Area and partially fence it. • When the Police is called and arrives on the Area all the Works are already gone. • Furthermore, all workers declare that they are entrusted by Company X, Y and Z – as buyers of the Owners (the “New Owners”) – to clean up the Area, because a skyscraper has to be built up. • The construction manager also exhibits the Police the sale contracts through which the Owners sold all the different parts of the Area to the said companies, which became the New Owners.

  7. The Disaster II

  8. Situation Before

  9. Situation After

  10. The Lawsuits and the Questions • Leaving aside issues of criminal law, can Carla and/or CircoloIppico bring an action against New Owners under Arts. 1168 and/or 1170 of the Civil Code? • In other words, is any of them or are all of them possessor(s) and/or receiver(s) of the Area and, if so, which action can they bring? • Assuming that Carla and CircoloIppico start a lawsuit claiming possession and that New Owners start a lawsuit claiming ownership and release of the Area, how are them coordinated (see art. 705 of Code of Civil Procedure); • How can Carla and CiricoloIppico be defended against the ownership (and release) claim? • Can they ask for damages and, if so, to which extent?

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