Contract of sale subject to the approval of the buyer in Italy.
Legal assistance on Italian commercial law.
Under the Italian Civil Code, the parties of a contract of sale may agree to give effects to the contract only when the buyer tests the products and expresses his satisfaction. In this case, the contract will be valid only after the approval of the buyer.
Therefore, at the beginning this kind of agreement will bind only the seller, while the buyer will be obligated after declaring his approval. If the buyer declares its satisfaction, he accepts the contract and the seller cannot revoke his previous consent.
About the period within which the buyer may express his approval, this must be stated in the contract. Otherwise, the term will be determined according to the commercial practice, depending on the type of goods object of the contract.
In the case the parties agree for a maximum period (within which the buyer must express the approval) and the goods are in the custody of the buyer, if the buyer doesn't declare his approval in time, the contract will be considered as approved by the buyer and it will enter into force. The same if the goods are still in the custody of the seller and the buyer doesn't exercise in time his right to taste the goods; in fact, also in this case the contract will be considered as concluded.
Even if the Italian law rules this kind of contract referring to the movable things, it is not excluded to make such kind of contract also for the immovable properties.
For more informations on Italian contract law, please contact us (click here: Lawyers in Italy).
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Published on 10 February 2016
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