Amministratori e società tra rapporto organizzativo e contratto

The Supreme Court traces decades of jurisprudence to establish that the remedy of the exception of default can be invoked by the company, where the circumstances so direct, in order to paralyze a director’s claim to the payment of his compensation. The Court reached this conclusion without denying its precedents, withwhichit held that the relationship betweendirectors and companies was social and that, moreover, it was not excluded that a contract, typical or atypical, parallel to the social relationship was concluded between those parties. However, in the Court’s view, a segment of synallagma could be included in the social report. In the commentary, the focus is on these aspects.