Abstract

By modifying Art. 2549 of the civil code, art. 53 of the legislative decree n° 81/2015 has completely forbidden physical persons to provide work in the context of the so-called contract of «association in participation ». The Author, after going over the process of progressive marginalization of the association contract with work contribution on the part of the legislation and jurisprudence, identifies the residual area of its possible use; he also examines the unsolved knots of the new art. 2549 of the civil code, starting with the consequences of the violation of the legal ban; finally, he tries to explain why, after the legislative decree n° 81/2015, providing work in the context of a company by a physical person remains legitimate while that by physical persons associated in participation no longer is.