• ITALIAN CIVIL CODE
The Italian Civil Code
contains also the main rules on commercial law and company law, as in Italy there is not a separate commercial code. Special laws regulate single matters and complete the provisions of the civil code. Jurisprudence has not the authority of precedent, like in common law, except for the jurisprudence of the EC Court of Justice, that must be respected in all EU member States.
In Italy, as in most systems of Civil Law, many agreements are regulated by the civil code, and they are called contratti tipici (typical agreements) to distinguish them from the non-typical agreements (contratti atipici) that are not regulated by the civil code. All the agreements that are not contained in the Italian civil code are considered atypical so that the parties can create the rules that will be in force in their business relationship.
The commercial agency agreement and the sale agreement are regulated by the Civil code. Distributorship agreement is not considered by the Italian law, so that usually damages or indemnifications in case of termination of the agreement are rarely granted by the Italian Courts.
A text of the Italian civil code is available in the links of this website, together with other Italian legal materials.
Italy Arbitrators and Arbitration Attorneys - Kurkdjian Law Office Milan - Law firms in Italy