chapter 15

Force of Law

The legal binding effect of a contract from the moment it is concluded, preventing unilateral exit without consequences.

Right of Withdrawal

The legal provision allowing parties to cancel certain contracts, such as those for work and services, under specific conditions.

Cooling-Off Period

A timeframe during which consumers can cancel distance contracts and return undamaged items.

Transfer of Ownership

The process by which rights of ownership or limited rights in property are transferred upon the conclusion of a contract.

Mutual Consent

The Italian legal principle that ownership transfers occur upon agreement, without the need for actual delivery.

Interpretation of Contract

The process of determining the meaning and intent behind a contract, considering both common intent and objective/subjective interpretations.

Good Faith Principle

The requirement that contracts be interpreted in a manner that reflects honesty and fairness.

Automatic Insertion of Terms

The inclusion of mandatory legal terms in a contract, regardless of the parties' conflicting terms.

Implied Terms

Terms that are not explicitly stated but are binding due to law, custom, or equity.

Third Party Rights

The principle that contracts typically do not create rights or duties for third parties, unless explicitly stated.

Contingent Conditions

Uncertain future events that affect the validity or termination of a contractual obligation.

Condition Precedent

A type of contingent condition where a contract takes effect only if a specified event occurs.

Power of Attorney

The legal document granting an agent the authority to act on behalf of a principal.

Agent's Authority

The requirement that an agent must act in the name and interest of the principal within the limits of their authority.

Sham Contracts

Contracts where parties agree not to perform obligations, creating a divergence between declarations and true intentions.

Fiducia

A contract where one party transfers ownership of an asset to another, with the expectation of return under specified conditions.

Trust

A legal arrangement where a trustee holds property for the benefit of a beneficiary, providing protection against creditors.

Indirect Use of Contracts

The use of contracts to achieve results not explicitly stated, reflecting the true interests of the parties.