Termination clause and essential term in Italy.

Termination provisions under the Italian Contract Law.

Pursuant to Italian Civil Code, the parties of a contract may expressly agree that the contract will be resolved in the event that a certain obligation is not fulfilled in accordance with the terms agreed.

When this event occurs and the interested party declares to the other the intention to apply for the termination clause, the contract will be terminated by law.

The provision in the contract of an express termination clause does not mean that the contract may be terminated only in the cases expressly provided for by the parties. In fact, any failure of a contract, considered by the judge of no little importance, may justify the termination of the contract, but in the case of a termination clause the seriousness of the failure doesn't need the judge's assessment.

The termination clause should not be confused with the essential term of the contract in the interest of one party. According to Italian Law, if the deadline for the fulfillment of the performance of one party is considered as essential in the interests of the other party, if this party wants to require the execution of the contract despite the expiration of the term, it must give notice to the other party within three days. If it doens't give any notice within three days, the contract shall be termined by law.

If you need more information or assistance on Contract Law in Italy, don't hesitate to contact Lawyers in Rome

Please, see also:

Contract Law in Italy

Law of contract in Italy: the written form

Termination of the contract for non-performance and the notice to comply

Special court for foreign companies in Italy

Sponsorship contract in Italy

Agency contract in Italy

The obligations of the Agent under the Italian Law

Exclusivity clause in agency and distribution contracts in Italy

English speaking lawyers in Italy

Italian lawyers for Canadian in Italy