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Contracts

Contracts

This activity consists of drafting agreements that represent, regulate or terminate legal relationships, for the purpose of protecting the Client’s interests.

This activity consists of drafting agreements that represent, regulate or terminate legal relationships, for the purpose of protecting the Client’s rights and interests.

This activity consists of drafting agreements that represent, regulate or terminate legal relationships, for the purpose of protecting the Client’s rights and interests vis-à-vis the counterparty

This activity focuses on the drafting of both standard and custom contracts according to whether the parties decide to apply a type of contract that has already been envisaged by the  regulator or, instead, opt for a new type of contract, provided that it is aimed at accomplishing “interests that deserve protection” in compliance with the law.

With the stipulation of the contract:

  • it is possible to transfer the ownership of any asset;
  • it is possible to establish and transfer  rights in REM;
  • it is possible to regulate other rights.

The drafting of contracts should include the following key elements:

  • the agreement between the parties (or consent);
  • the scope: the economic-social function of the contract;
  • the object: the performance that one of the party must fulfil in favour of the other party or the right transferred by means of the contract that, in any case, must be feasible (when it refers to something that already exists or that may exist in the future), lawful (when it does not violate mandatory rules, law and order and morality), determined or definable (when quantity and quality are defined);
  • the form: this is how will is expressed. According to Italian law, there is freedom of expression of form. However, in specific cases, a special form can be requested in order to confirm the validity of the contract (e.g. the written form for the purchase and sale of real estate assets).

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