Il privilegio che assiste il credito dell’imprenditore agrituristico

Starting from the growing importance of the role that the rural touristic activities are over time taking in the national economic panorama, the object of this essay is to bring to light the criticality of application paradigms of the prior claims law to a discipline which is the result of integration between the national framework law, outlined by L. 96/06, and the local specific provisions, where the entrepreneur which leads the agritourism became the protagonist, characterized by an inseparable mixture of agricultural and accommodation activities. This peculiar aspect affects the credit protection provided by the law as legitimate cause of pre-emption, since the credit claimed by the entrepreneur which leads the agritourism may, on the one hand, benefit from the general prior claim on mobile goods foreseen by the art. 2751 bis, n. 4, of the Italian civil code, whenever are met the requirements of art. 2083 of the Italian civil code about the farmer qualification, and, on the other hand, make use of the additional protection provided by art. 2760 of the Italian civil code, referred to those benefits attributable primarily to accommodation services. In conclusion, it will attempt to provide, through a systematic approach, an overview of the requirements prescribed for the aforementioned prior claims, comparing them with the case taken into consideration in order to sketch out the practical profiles inherent to the filing of claims phase.