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