Specialized Legal Assistance in Private Negotiable Relationships
A properly structured contractual relationship is a fundamental prerequisite for the effective protection of proprietary interests. Poorly drafted contractual clauses inevitably generate legal uncertainty, often resulting in litigation with unpredictable outcomes and disproportionate costs relative to the contract’s object.
Areas of Practice
Sale and Exchange Contracts
Drafting instruments for the transfer of ownership requires particular attention to guarantees under Articles 1476 et seq. of the Italian Civil Code. Clauses excluding liability for latent defects, if not properly balanced with specific contractual warranties, may render agreed protections ineffective. Our practice includes the insertion of express termination clauses that allow ipso jure termination upon the occurrence of specific suspensive or resolutive conditions.
Lease and Loan-for-Use Agreements
Lease agreements present significant interpretative challenges, especially in short-term tourist rentals where sector-specific regulations overlap with general civil law. Early termination clauses due to breach must be technically precise to avoid nullity for unfairness. The configuration of earnest money (whether confirmatory or forfeitable) requires case-specific evaluation based on the nature of the relationship and the parties’ objectives.
Atypical and Hybrid Contracts
The increasing complexity of commercial transactions often necessitates the use of atypical contractual frameworks or hybrid agreements combining features of multiple standard contract types. Proper legal qualification of such agreements requires expertise in identifying applicable regulations and preventing interpretive disputes. Our experience includes drafting contracts in engineering, facility management, and service agreements, ensuring accurate definition of obligations and effective dispute resolution mechanisms.
Operational Methodology
Our Firm’s methodology is based on proactive risk analysis in relation to the contractual transaction. A phase of contractual due diligence necessarily precedes the final draft and includes verification of the parties’ legal capacity, assessment of legal authority to dispose, and review of compliance with existing legal or conventional constraints.
Contractual clauses are structured with precision and completeness, eliminating interpretative ambiguities that could lead to application issues. Special care is given to penalty clauses, ensuring they comply with the limits set forth in Article 1384 of the Italian Civil Code, as well as to the design of alternative dispute resolution mechanisms, including arbitration and mandatory pre-litigation mediation clauses.
Dispute Management
A breach of contractual obligations triggers liability for non-performance under Article 1218 of the Italian Civil Code. Our litigation strategy is based on strict enforcement of contractual provisions and full utilization of protective mechanisms established during negotiation. Our expertise in handling complex contractual disputes allows us to anticipate opposing parties’ procedural objections and to structure robust defense strategies.
Enforcement of contractual obligations requires specific skills in identifying attachable assets and managing insolvency procedures that may interfere with collection efforts. Our practice includes the use of real and personal guarantees to facilitate credit recovery in case of counterparty default.
Strategic Advisory
Our Firm’s contract advisory services go beyond simple drafting, encompassing tax analysis of the transaction, evaluation of administrative implications relating to contract performance, and the definition of negotiation strategies aimed at maximizing the client’s legal and economic protection.
Thanks to our in-depth knowledge of Sardinia’s economic and regulatory context — marked by unique regional legislation and distinct commercial dynamics — we provide highly qualified counsel for transactions involving both national and international parties.