Mazzeschi

Contribution to Lexology: Commercial Contracts in Italy 2023

May 31, 2023

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

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

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.