AGRICULTURAL - COMMERCIAL ENTERPRISE (Encyclopedia)

The distinction between agricultural and commercial enterprises dates back to the post-war period. Indeed, the legislative order dating back to before the Second World War considered agriculture as a way of exercising property right or another right in rem on the land. With the codification of the legislative order in 1942, agricultural activity is recognised as an entrepreneurial activity. Article 2135 of the civil code stated: "an agricultural entrepreneur is one whose activity involves cultivation of the soil, forestry, animal husbandry and all connected activities. The activities meant for the transformation or alienation of agricultural products when they fall within the normal exercise of agriculture are considered connected activities ". Article 2083 also states that "the direct cultivators of the soil, the craftsmen, the little traders and those who exercise the professional activity using predominantly their own work and their family’s work are entrepreneurs". Reading these dispositions we can gather that every activity carried out by agricultural entrepreneurs, whatever their category is, is entrepreneurial activity.
In general, entrepreneurs use specific production factors to carry out their activities that, as a whole, form the enterprise or, in some cases, the enterprises. The enterprise, indeed, is defined as "the totality of property organised by an entrepreneur for the exercise of his/her business" (art. 2555 of the civil code) and it is, therefore, the means for entrepreneurs to reach their objective. It follows that also a farm is the fruit of entrepreneurial choices and it is, therefore, an essential part of the entrepreneurial activity.
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