Is there anything special or peculiar about commercial contract law in Italy that clients should be aware of?
Based on the peculiarity of the Italian laws and judicial system, anyone doing business in Italy should secure transactions through properly drafted contractual instruments.
Our experience has taught us that a good contract is a well-balanced contract which (a) complies with the applicable laws and regulations, and therefore is fully valid and enforceable; (b) clearly defines rights, obligations and liabilities of the parties and (c) limits uncertainty and prevents (or signifi-cantly reduces the risk of) litigation.
Final tip: a good contract can be drafted only by a qualified Italian legal advisor or, better, by a team of experienced legal advisors specialising in international contracts and capable to cover all the aspects of the Italian laws and regulations involved in the underlying business transaction.
Discussion by Tommaso Mancini of Bacciardi and Partners in the Commercial Working Group Virtual Series.