Fondazioni universitarie, riflessioni sulla natura giuridica ed applicabilità del codice dei contratti

Abstract

The document intends to made remarks on the particular regulatory reality of university foundations established pursuant to art. 59, paragraph 3 of Law no. 388/2000 and regulated by the Presidential Decree n. 254 of 24.5.2001.
The article provides a series of operational indications to allow the correct identification of the legal nature of university foundations which cannot be generalized as it requires a case-by- case verification to get out of the maze of interpretations that confuse sector operators.
In particular, is highlighted the contrast, currently in force, both in Doctrine and in Jurisprudence on the legal nature of university foundations and on the applicability to them of Public Contracts Code