Law and Compliance in Italy

Overview by

Business Contract

General Observation
You must define precisely the seller's obligations and the methods of quality control.
Law Applicable to the Contract
You must be particularly vigilant about the law applicable to contracts and the methods of conflict resolution. Italy has signed the United Nations Convention on Contracts for the International Sale of Goods. The Italian legal system is not easy for a foreigner, so it is recommended that international laws be used or an arbitration system be called on.
Advisable Incoterms
Choose an incoterm FOB  or CIF or more. Avoid EXW, if you do not want to be involved in organizing the transport inside Italy.
Language of Domestic Contract
Other Laws Which Can Be Used in Domestic Contracts
USA, England, Switzerland.

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Legal Framework of Business

Equity of Judgments

Independence of Justice
Equal Treatment of Nationals and Foreigners
In the legal texts, there is no discrimination against foreigners. In practice, however, there is a degree discrimination.
The Language of Justice
Legal Similarities
The Italian Civil Code was created on the basis of Roman law modified by the Napoleonic Code. It is also modelled on German law. The highest law is the Constitution.

The Different Legal Codes

Civil Code Regulates relations between private individuals
Penal Code Sets the limits of individual freedom and the penalties in case of breach of the law
Civil Procedure Code Establishes the rules for civil procedures.
Penal Procedure Code Establishes the rules for penal procedures.
Checking National Laws Online
The constitution in 5 languages
Codes in Italian
Other Useful Resources
Ministry of Justice
Legal portal
Country Guides
Lexmundi, Guide to doing business in Italy: legal system.

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The Jurisdictions

Supreme Court of Italy (Corte di Cassazione) Reviews the final decisions of the Courts of Appeal for civil and criminal issues.
Court of Appeal Second step of civil or criminal proceedings.
Tribunals First step of civil or criminal proceedings.
Council of State (Consiglio di Stato) Reviews the final decisions of the Regional Courts of Appeal for administrative issues.
Regional Administrative Courts (Tribunali Amministrativi Regionali) First step of administrative proceedings.
Constitutional Court (Corte Costituzionale) Examines legislation, settles disputes between the three powers (legislative, executive and judicial) and between the Republic and its regions.

Court Officials

Judge, Lawyer, Notary, Magistrate
Their role is equivalent to that of judges, lawyers, notaries and magistrates in other countries.
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