Mazzeschi

Contribution to Lexology: Commercial contracts in Italy

Nov 25, 2021

Attorney Mazzeschi has contributed to Lexology with his article regarding Italian Commercial Contracts.

In this article, atty. Mazzeschi answers to the following quesitons:

• Is there an obligation to use good faith when negotiating a contract?

• How are ‘battle of the forms’ disputes resolved in your jurisdiction?

• Is there a legal requirement to draft the contract in the local language?

• In what circumstances are signatures or any other formalities required to execute commercial contracts in your jurisdiction? Is it possible to agree a B2B contract online (eg, using a click-to-accept process)? Does the law recognise the validity of electronic and digital contract signatures? If so, how are they treated in comparison to wet-ink signatures?

• Are there any statutory or other controls on parties’ freedom to agree terms in contracts between commercial parties in your jurisdiction?

• Are standard form contracts treated differently?

• What terms are implied by law into the contract? Is it possible to exclude these in a commercial relationship?

• Is your jurisdiction a signatory to the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention)?

• Is there an obligation to use good faith when entering and performing a contract?

• What liabilities cannot be excluded or limited by a supplier in a contract?

• Are there any statutory controls on using financial caps to limit liability for breach of contract?

• … and many more.

To read the complete article, please visit the official Lexology website at: https://www.lexology.com/gtdt/tool/workareas/report/commercial-contracts/chapter/italy  (Registration required)