Law of contract in Italy: the written form

When the written form is required?

Law of contract in Italy: the written form









Pursuant to Article 1350 of the Italian Civil Code, the written form is required, under penalty of nullity, for the following kinds of contract:

- contracts that transfer the ownership of real property;

- contracts that constitute, modify or transfer the right of usufruct of real property, the surface rights, the right of the grantor or tenant;

- contracts that constitute the communion of rights indicated above;

- contracts that constitute or modify the right of use and the right to housing; 

- acts of renunciation of the rights indicated above; 

- contracts for the enfranchisement of the fund leased; 

- contracts for anticresi;

- leases of real properties for a period longer than nine years; 

- contracts for the corporation or association with which the parties confer the fruition of real property right for a period longer than nine years or for an indefinite period; 

- acts of division of real property rights; 

- transactions about disputes relating to legal transactions mentioned above; 

- all other contracts for which the law requires the written form.

Please, see also:

Taking of Evidence abroad in civil or commercial matters: the Hague Convention of 18 March 1970

The European order for payment

European Enforcement Order

Special court for foreign companies in Italy

Distribution contract in Italy

Non-compete clause in the distribution contract in Italy

Termination clause and essential term in Italy

Bankruptcy in Italy

For more informations, don't hesitate to contact English speaking lawyers in Italy

Published on 16 April 2013