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