Pursuant to Articles 1341-1342 of the Italian Civil Code: General Conditions, prepared by one of the Parties, are binding on the other party if known by the latter at the time when the contract was concluded or if the might have known thereof by using ordinary diligence Under Italian law, limitation periods depend on the type of claim. For the purpose of the time bars examined in this article, the main statutes are the Civil Code and the Code of Navigation. Time bars are distinguished between prescrizione and decadenza: both cannot be extended or.. The articles of the Italian Civil Code here translated (from art. 2325 to article 2510) are the general normative reference valid for all types of capital companies. However the reader has to remember that by respecting the Principle of Speciality of the norm, such norms could be outlawed by specific dispositions that disciple some company matters Acts of competition which can be defined as unfair have been divided into three large classes in Art. 2598 of the Italian Civil Code, while the dispositions regarding the protection of distinctive signs and patent rights remain unchanged. The first class covers: the misuse of names and of distinctive signs belonging to others The Civil Code in Italy contains elements from older and trustworthy rules of law, such as the Roman law, Napoleonic Civil Code, the German laws and the Italian Constitution that came into force in 1948. The present Civil Code also contains parts of the regulations of the former Kingdom of Sardinia; our team of Italian lawyers can provide an in-depth presentation on the main sources of law on.
Contracts for public works have distinctive features, such as the employer's right to terminate the contract if in the public interest and the distinction between contracts for services and contracts for supply. When might a court or arbitral tribunal award less than the liquidated damages specified in the contract for delay or other matters (eg, substandard work)? What factors are taken into account?
Under the law of your jurisdiction, will the guarantor’s liability be limited to that of the party to the underlying construction contract, if the guarantee is silent? Can the guarantee’s wording affect the position?Laws are passed by the Italian parliament or by regional administrations – those have residual jurisdiction – respectively pursuant to articles 70 and 117 of the Italian Constitution. The Italian government may enact decree laws in urgent and extraordinary situations, but they have to be confirmed by the Parliament, otherwise they will be revoked. The government has the power to pass regulations at both national and regional level on matters that are not reserved to the Italian parliament. enshrined in the Italian Civil Code, something the business community has long been advocating. The T.u.F. has created a regulatory void for non-listed companies that depend on the financial markets, and are not subject to the same strict rules of disclosure, transparency and shareholder protection as listed companies under the T.u.F Does the law of your jurisdiction recognise "without prejudice" privilege (such that "without privilege" communications are privileged from disclosure)? If not, may it be agreed that a sum is payable if communications to try to achieve a settlement are disclosed to a court or arbitral tribunal?
Italian companies are required to adopt, in the interests of preventing accidents at work and occupational illnesses, a system of precautionary measures.. The new legal regime incorporates the content of Article 2087 of the Italian Civil Code, specifying that the employer is required to eliminate the risks present in the workplace in the light of existing technical knowledge and, where this is. Other mandatory laws concern joint liability of the employer for the obligations of the contractor for payment of an employee’s salary, social security and security contributions.Italian law does not specifically regulate constructive acceleration, but the contractor may try to invoke the employer’s contractual responsibility. In this case, the contractor has to prove that the employer had to grant the extension of time and that specific costs resulted from the acceleration. Evidence in Civil Law - Italy ELISABETTA SILVESTRI 1 KEYWORDS: • Civil Procedure • Evidence • Italian Civil Code • Italian Code of Civil Procedure C ORRESPONDENCE A DDRESS: Elisabetta Silvestri, Department of Law, University of Pavia, email: email@example.com
What are the requirements for a guarantee under the law of your jurisdiction? Are oral guarantees effective?On the basis of article 1346 of the Italian Civil Code, the object of the contract must be possible. Thus, the impossibility of achieving a particular aspect of the contractual specification, if the parties did not foresee it, entails a partial or total invalidity of the contract. The contractor is responsible, if the nullity of the contract has been caused by an event to which it contributed.
For Italian law requirements, I will proceed to read you Articles 143,144 and 147 of the Italian Civil Code: Article 143 - Reciprocal Rights and Duties of the married couple On marriage, husband and wife acquire the same rights and duties The Italian legal system is based on civil law. Most commercial relations are regulated by the Italian Civil Code ( CC ), including contracts for the sale of goods ( Articles 1470 to 1547, CC ). Additionally, sales of goods are subject to specific laws, the most important of which are Unless the contract specifically provides otherwise, affiliates, directors or employees will not be considered liable for delays, defects and payment. As mentioned in question 18, in addition to contractual termination rights, the parties have a right to terminate the contract on the basis of a sufficiently serious breach according to article 1455 of Italian Civil Code. Moreover, article 1668 of the Italian Civil Code states that the employer may ask for the termination of the contract, if the flaws in the works are such that it becomes unsuitable for its scope.
The parties may provide an agreed termination clause that does not require the intervention of a judge to be effective (ie, the contract is terminated automatically).The review of arbitral awards rendered in Italy, as the enforcement of foreign arbitral awards, is within the jurisdiction of the Court of Appeal.
How do conditional payment (such as pay-when-paid) provisions operate under the law of your jurisdiction (including interpretation rules, any good faith principles and laws on unfair contract terms)? Reform of the Italian Civil Code under review at the Senate. 27 May 2019 | Legal. Since March the 27 th 2019, a government bill is being reviewed by the Justice Committee of the Italian Senate. If enacted, such bill will empower the government to enact delegated laws modifying the Italian Civil Code Usually, construction contracts do not require a particular form, but the written form is required for contracts stipulated with state entities and for contracts that have specific effects such as the transfer of a real estate property (eg, construction of a building on a soil owned by the contractor). The written form is also required for construction contracts of vessels or aircraft of a certain size (articles 237 and 852 cc).
Pursuant to article 1223 of the Italian Civil Code, monetary compensation for breach of contract should take into account not only the actual damages, but also the lost profits. Therefore, if there is a direct connection between lost profits and the contractor’s behaviour, the contractor must provide the corresponding compensation. Pursuant to article 1225 of the Italian Civil Code, this may apply even to exceptionally high lost profits that, in the absence of wilful misconduct, are limited to those that were foreseeable when the contract was executed. I hear it is a first step towards a European code of criminal procedure and a European code of civil procedure.' Italian La Commissione non può avere il monopolio di decidere che cosa è morale, né tanto meno possiamo armonizzare il codice penale e civile degli Stati membri
This conclusion is supported by a recent decision of the Italian Supreme Court (judgment no. 10899 of 2010), which has asserted that a contract may be terminated pursuant to article 1467 of the Italian Civil Code on account of the fact that the implied condition upon which the parties relied upon entering into the contractual relationship shall. As indicated in question 40, contracts related to public works are regulated by a number of mandatory provisions. In particular, they must contain certain provisions safeguarding public interest such as: This Guide to Law Online Italy contains a selection of Italian legal, juridical, and governmental sources accessible through the Internet. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics If the employer causes critical delay to the completion of the works and the construction contract does not provide for an extension of time to the contractual completion date (there being no "sweep up" provision such as that in sub-clause 8.4(c) of the FIDIC Silver Book 1999) is the employer still entitled to liquidated damages due to the late completion of works provided for under the contract? to the board of directors to increase the share capital according to Article 2443 of the Italian Civil Code up to 20% of the share capital, including the right to exclude the pre-emption rights up to 10% of the outstanding share capital
Amongst the cases of termination by operation of law expressly regulated by the Italian Civil Code, is the case of a notice to perform whereby a creditor urges a debtor to perform its debt within. The Italian Civil Code (Italian: Codice civile) is the civil code of Italy, a collection of norms regulating private law. It was enacted by Royal decree no. 262 of 16 March 1942. It predates the current Constitution of Italy, and it was amended in the postwar period. The 1942 civil code replaced an earlier civil code which was in force since 1865, and was based on an Italian translation of the. Pursuant to article 1665 of the Italian Civil Code, if the contractor requires the employer to check the works and the employer does not react within a short time period, the works are considered accepted. Italian Civil Code. NetGet srl Rated: Guidance Suggested. 1.0 out of 5 stars 1 rating. Price: Free Download A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure
When might a court or arbitral tribunal award more than the liquidated damages specified in the contract for delay or other matters (eg, work that does not achieve a specified standard)? What factors are taken into account?(d) the allocation of risk onto the party who undertakes to perform the service (Supreme Court’s decision No. 2620 of 29 April 1981; Supreme Court’s decision No. 2926 of 11 May 1982);
For a DAB decision awarding a sum to a contractor under, say, sub-clause 20.4 of the FIDIC Red Book 1999 for which the employer has given a timely notice of dissatisfaction, in an arbitration with its seat in your jurisdiction, might the contractor obtain: a partial or interim award requiring payment of the sum awarded by the DAB pending any final award that would be enforceable in your jurisdiction (assuming the arbitral rules are silent); or interim relief from a court in your jurisdiction requiring payment of the sum awarded by the DAB pending any award?. Articles 1341 and 1342 Italian Civil Code. (1976) Volume I: ITALY 1; ITALY 5; ITALY 7; ITALY When is a contractor entitled to relief if after the contract is concluded it transpires (but not due to external events) that it is impossible for the contractor to achieve a particular aspect of the contractual specification? What relief is available?
Are contractually agreed limits on – or exclusions of – liability effective and how readily do claims in tort or delict avoid them? Do they not apply if there is fraud, wilful misconduct, recklessness or gross negligence: (a) if the contract is silent as to such behaviour; or (b) if the contract states that they apply notwithstanding such behaviour? If so, what causation is required between the behaviour and the loss? 43 of the Italian Civil Code (the place where the individual as his/her economic, social and family center of interests); • has his/her residence in the territory of the Italian State, as defined by Section 43 of the Italian Civil Code (the place where the individual has declared their habitual abode). Taxation of resident individuals LA Civ Code 2477 What's This? Art. 2477. Methods of making delivery. Delivery of an immovable is deemed to take place upon execution of the writing that transfers its ownership. Delivery of a movable takes place by handing it over to the buyer. If the parties so intend delivery may take place in another manner, such as by the seller's handing. There is no doctrine of binding precedent, but courts tend to follow the precedent of higher courts.
There are no specialised courts that have the specific assignment of resolving construction and arbitration disputes but ordinary tribunal are usually divided into specialised divisions, which may also include construction.The statute of limitations for the rights arising from the contract changes as well, with the short term under Article 2951 of the Italian Civil Code applying to carriage contracts only. On the contrary, in case of supply contracts, the payment of the consideration may be requested within the standard ten-year term.
The guarantor will be released after the fulfilment of the underlying contract or after a certain time (two or six months depending on the circumstances) from the term established in the contract. The parties are also free to determine under which circumstances the guarantor will be released. . Of all these only the two first books of the Civil Code are in force at the moment. General Considerations.-The first book of the Italian Civil Code came into force on July I, 1939. A first draft of 1930 became definite in 193
Commercial aspects of Italian law. January 28, 2008 at 12:26 am. Vincenzo Sinisi As with most other Western European countries, Italy has a civil law system. The basic rules governing contractual relationships are embodied in the Italian Civil Code which was enacted in 1942 May an employer hold its contractor to their arbitration agreement if their dispute concerns a subcontractor (there being no arbitration agreement between the contractor and the subcontractor or no scope for joining two sets of arbitral proceedings) or can the contractor, for example, require litigation between itself, the employer and the subcontractor? Does it matter if the arbitration agreement does not have its seat in your jurisdiction?Italy is a civil law jurisdiction. The sources of law are the Constitution, regional statutes, international treaties, European directions as well as European regulations, laws, parliamentary rules, decree-laws, legislative decrees, regulations, case-law of higher courts as well as customs and practices. Since Italy is a member of the European Union, legislation from the European Union has a direct impact on the Italian legal system pursuant to article 117 of the Italian Constitution.
Are there any other material aspects of the law of your jurisdiction concerning construction projects not covered above? Codice Civile - Italian Civil Code Allegato al contributo dell'Ordine dei Dottori Commercialisti e degli Esperti Contabili di Ivrea, Pinerolo, Torino Controllante estera e responsabilità degli amministratori della controllata italiana Richieste & Offerte dal Mondo - Anno XXXVII - Numero 2 - 28 febbraio 201 Coronavirus could also be interpreted, under article 1467 Italian civil code, as an event causing intervening hardship, which of its nature does not impede actual fulfilment of the obligation but which renders its fulfilment as unduly onerous for the affected party, thus significantly altering the balance of the interdependent obligations to be. If an on-demand bond is governed by the law of your jurisdiction on what basis might a call be challenged in your courts as a matter of jurisdiction as well as substantive law? Assume the underlying contract is silent on when calls may be made. The Italian Civil Code and Complementary Legislation [Beltramo, Mario, Longo, Giovanni E., Merryman, John Henry] on Amazon.com. *FREE* shipping on qualifying offers. The Italian Civil Code and Complementary Legislatio
Parties are free to choose any of the above, as long as their choice does not exclude any mandatory provisions of Italian law or affect public order (see question 40).Acceptance occurs when the employer expressly declares that the works were peformed as provided in the contract or when it acts, as pointed out in question 21, in a way that confirms that the works are to be considered completed. Therefore, taking over the work may constitute acceptance.In your jurisdiction, are tribunal- or party-appointed experts used? To whom do party-appointed experts owe their duties? • ITALIAN CIVIL CODE The Italian Civil Code contains also the main rules on commercial law and company law, as in Italy there is not a separate commercial code. Special laws regulate single matters and complete the provisions of the civil code. Jurisprudence has not the authority of precedent, like in common law, except for the jurisprudence of the EC Court of Justice, that must be respected. Acceptance can be silent, where it can be inferred from the behaviour of the employer, such as the spontaneous unconditional payment of the agreed sum.
Italian Civil Code Codice Civile Italiano; Article 81. Compensation for damages: A promise of marriage, when mutually made by public act or private writing by a person who has attained majority or by a minor permitted to contract matrimony under the terms of Article 84 or implied by the request of its publication, binds the promisor who without justifiable reasons refuses to perform it to. The concept of indirect or consequential loss is unknown in the Italian legal system. Therefore, the parties have to specify what kind of liability they want to exclude. In theory, it is possible to exclude the liability for lost profits or loss of production, provided that the clause does not apply in case of willful misconduct or gross negligence. (Article 2110 of the Italian Civil Code), maternity leave (Italian Legislative Decree No. 151/2001) and so on. Collective agreements Most terms of employment relationships are set out in the applicable CBA, which provides for amendments in terms of pay and conditions of work for the employees. 2. What are the terms in the employmen
How readily (absent fraud, wilful misconduct, recklessness or gross negligence) can those connected with the contractor (such as affiliates, directors or employees) face claims in respect of (a) delays (b) defects and (c) payment? To what extent are exclusions and limitations of liability in the construction contract relevant?If the seat of the arbitration is in your jurisdiction, on what basis can a party make a settlement offer that may not be put before the arbitral tribunal until costs fall to be decided?. The Italian Civil code. Responsibility Translated by Mario Beltramo, Giovanni E. Longo [and] John Henry Merryman. Uniform Title Codice civile. English Imprint Dobbs Ferry, N.Y., Oceana Publications, 1969. Physical description xii, 787 p. 24 cm. Online. Available online At the library
.2056 of the Italian Civil Code, which refers in turn to articles 1223, 1226 and 1227 of the c.c.In particular, compensation of damages is divided into consequential loss or damage and loss of profits (see art.1223 of the civ.code), if they are a direct and immediate consequence of damage. For consequential loss or damage it is meant any. Pursuant to article 1667 of the Italian Civil Code, the contractor is required to remedy defects notified by the employer within two years from the acceptance and within 60 days from their discovery. Notification is not needed if the contractor has acknowledged the defects or has hidden them. After the expiration of this period, pursuant to article 1669, if the construction contract concerns buildings or other immovable properties, the contractor is liable for serious defects of the works within 10 years from the completion and one year from the discovery. This term may be postponed to the outcome of the technical assessments that are needed to understand the nature of the defects.What right does a contractor have to claim a lien (or similar) in the works it has carried out? If so, what are the limits of the right if, for example, the employer has no interest in the site for the permanent works? How is the right recognised and enforced?
How does the law view "constructive acceleration" (where the contractor incurs costs accelerating its works because an extension of time has not been granted that should have been)? What must the contractor show for such a claim to succeed? Does your answer differ if the employer acted unreasonably or in bad faith?Pursuant to 1372 of the Italian Civil Code a contract has effect only between the parties. However, as provided by article 1669 of the Italian Civil Code (see question 29) in case of buildings or other immovable properties, the ultimate owner may raise claims against the contractor for serious defects of the works within 10 years from their completion. Exclusion and limitations of liability may be possible within the limits specified in question 31.
i danni ex art. 2087 cod. civ., English translation: damages pursuant to Article 2087 of the [Italian] Civil Code
Parties can agree on different regime that can be stricter for the contractor. Foreign decisions bearing punitive damages may be enforced in Italy, provided that the law of that foreign country provides for punitive damages in that specific case (Cass. 16601/2017). Title IX Persons Unable to Care for their Persons or Property (Art. 389 to 399) Chapter 1 Grounds for Interdiction (Art. 389 to 391) Chapter 2 General Duties of Curators and Undercurators (Art. 392 to 393) Chapter 3 Effects of Interdiction (Art. 394 to 396) Chapter 4 Modification and Termination of Interdiction (Art. 397 to 398 On the basis of article 1460 of the Italian Civil Code both the parties may refuse to perform the contract if the respective other side is not executing its own obligations. This right has to be exercised within the limits of good faith and only in presence of an significant breach of contract (Cass. 26 November, 2013). If you would like to learn how Lexology can drive your content marketing strategy forward, please email firstname.lastname@example.org.
As indicated above, the 60-days/one-year term may be postponed to the outcome of the technical assessments that are needed to assess the nature of the defects. The 2969 articles of the Italian Civil Code are arranged first into six libri (books or subject areas), then within these into Titles, and finally the Titles into Chapters. In addition there are Appendices A to G: for example Appendix C: Company. I Delle Persone e della Famiglia Individual Rights & Family Code The Italian Business Register is a public register which, as already provided for within the Civil Code, has been fully implemented since 1996, by the Law in relation to the reorganisation of the Chambers of Commerce and with the subsequent Implementing Regulation. The aforementioned Law established an Italian Business Register Office at each Chamber of Commerce, which has the following features Beside the specific provisions contained in the Code of Public Works (see above), Italian law provides also a decennial guarantee (see above).In principle, advice of an in-house counsel is not considered privileged under Italian law (with some limited exception for a small number of former state-owned companies). However, in the limited cases in which the in-house counsel is also an attorney admitted to the Italian Bar, he or she cannot be forced to testify, pursuant to article 249 of the Italian Civil Procedure Code.
The hypothesis of competing – but independent – causes of delay is not expressly regulated by Italian laws.Italian law provides that the contractor shall notify the defects to the employer within 60 days from the their discovery or within one year in the case of construction of buildings. According to case law, the parties can derogate from such time bars as this limitation is not a public order provision. This limit applies when the employer seeks the responsibility of the contractor: reduction of the price, the reparation at the contractor’s expense, termination of the contract due to negligence of the contractor or damages.
May the employer exercise an express power to omit work; or terminate the contract at will or for convenience, so as to give work to another contractor or to carry out the work itself? Italian. In base al California Civil Code, gli utenti residenti nello Stato della California hanno diritto a richiedere alle aziende che operano in California un elenco di tutte le aziende terze alle quali l'azienda ha fornito informazioni personali durante l'anno precedente a scopo di direct marketing
The contractor can claim the payment of the sum awarded by the DAB or an interim relief by means of an interim measure, pending the outcome of the arbitration proceedings, pursuant to the article 669-quinquies of Italian Civil Procedure Code. Does approval or acceptance of work by or on behalf of the employer bar a subsequent complaint? What constitutes acceptance? Does taking over the work by the employer constitute acceptance? Does this bar subsequent complaint? Groups Under Italian Corporate Law In the past, the legal consequences of the activity of direction and coordination exercised by a holding company vis-à-vis its subsidiaries have not been disciplined in the Italian civil code (CC) How to say civil code in Italian. Italian Translation. codice civile. Find more words Pursuant to article 1667 of the Italian Civil Code, the contractor is required to remedy defects notified by the employer within two years from the acceptance of the works and within 60 days from the discovery of the defects. The two-year limit also applies to demands concerning compensation for losses arising from such defects (Cass. 6 September 2017).
law simplified TRG la Italian civil code by Italy, 1993, Giuffrè edition, in Englis There is no case law in Italy concerning interim or partial awards requiring the payment of the sum awarded by a binding but non-final DAB decision. However, on the grounds of articles 669-quinquies and 818 of the Civil Procedure Code, the contractor may request the payment of a sum awarded by the DAB or an interim relief by filing an interim measure, pending the outcome of the arbitration proceedings. How is Codice Civile (Italian: civil code) abbreviated? CC stands for Codice Civile (Italian: civil code). CC is defined as Codice Civile (Italian: civil code) very frequently
The assumption is regulated in article 1453 of the Italian Civil Code. It responds to legal logic and reasons of common sense. Often, the resolution takes place amicably. In the event of a dispute, it's better to rely on the services of an Italian lawyer, so as to properly apply Italian contract law. The assumption is regulated in article. In fact, should the contractor cause a delay, not agreed by the employer, it will be liable for the damages according to the general provisions of the Civil Code. In this respect, article 1218 of the Civil Code provides that the party that does not comply with the agreement is responsible for the damages unless it is able to prove that the delay was determined by reasons that are not attributable to it. Pursuant to article 1227 of the Civil Code, should the delay be due to the negligence of the employer, the liability of the contractor shall be excluded. In 2014, the Italian Code of Criminal Procedure was published in European standard English, thus bringing the unique nature of the Italian civil law to a wider audience. Despite the difference between Italian civil law and English common law,
4 The Italian Civil Code translated by Mario Beltramo, Giovanni E.Longo, John Henry Merryman, New revised and updated edition by Susanna Beltramo, 2003, Binder and, in Italian, DI MAJO, Codice civile con la Costituzione, i Trattati U.E. e C.E. e le principali norme complementari, Milan, 2004, as well as www.notarlex.it, where many of th The translation has drawn on the sources of its provisions, namely the Italian Civil Code of 1942 and the Civil Code of Quebec. Of particular use was an English translation of the Italian Civil Code by Mario Beltramo, Giovanni E. Longo and John Henry Merryman (Oceana, Dobbs Ferry, NY, 1969)
Dimensional limits set out by the Italian Civil Code with reference to small and micro undertakings differ from the parameters established by the European Directive; more specifically, for small undertakings the Italian discipline imposes limits which are slightly higher that the Directive in terms of both balance sheet and turnover, while for. In the light of above, Italian legal commentators and case law have increasingly recognised the autonomous existence of a procurement contract for the supply of carriage services. Generally speaking, pursuant to Article 1678 of the Italian Civil Code, a contract for carriage is a contract whereby a carrier undertakes to transport passengers or goods from one place to another for a fee.
Italian law contains a general clause on good faith under article 1175 of the Italian Civil Code. Specific clauses on good faith in the phase of negotiations are set out under article 1337 of the Italian Civil Code, which states that the parties shall behave in good faith in the phase of the negotiations and the formation of the contract May third parties obtain rights under construction contracts? How readily can those connected with the employer (such as future or ultimate owners) bring claims against the contractor in respect of (a) delays and (b) defects? To what extent are exclusions and limitations of liability in the construction contract relevant?As a result, provisions of the FIDIC Silver Book 1999 which would not operate include, for instance, clause 15.2 on termination by the employer for the bankruptcy, insolvency or liquidation of the contractor.
Court proceedings related to disputes arising out of construction contracts in which public entities are involved are usually assigned to a specific division of tribunals and to the Arbitration Chamber for Public Works. Criminal Procedure Code of the Republic of Italy (Part I) (2011) (Italian version) Criminal Procedure Code of the Republic of Italy (Part II) (Italian version) Kazakhstan. Criminal Code of the Republic of Kazakhstan (2014, amended 2016) (English version) Criminal Procedure Code of the Republic of Kazakhstan (2014, amended 2017) (English version If the contract is validly terminated, both parties are discharged from their obligations. The party which has lawfully terminated the contract is also entitled to be compensated for the losses caused by the non-performance.
More specifically, the Ministry stated that if the contract performance «involves a series of carriages aimed at achieving an overall result which both parties are required to achieve (i) in order to meet a number of needs of the principal, (ii) even beyond the time needed for carriage, and (iii) possibly through the preventive preparation of a suitable organization by the carrier, inspectors may deem applicable the provisions on procurement contracts». ISBN: 0379202921 9780379202922: OCLC Number: 24327821: Description: 2 volumes: Responsibility: translated by Mario Beltramo, Giovanni E. Longo [and] John Henry Merryman and Supplement 1969-1978; trans. and edited by Mario Beltramo OCLC Number: 65955: Notes: Translation of the Codice civile, 1942. Description: xii, 787 pages 24 cm. Contents: Vol. 2 is 1969-1978 supplement. Series Title Under the Italian legal system, the taking of evidence is governed by the principle that the scope of the proceedings is determined by the parties (principio dispositivo), as laid down in Section 115(1) of the Code of Civil Procedure: the court must base its judgment on the evidence submitted by the parties, 'apart from those cases specified. Proceedings against the certifier may be initiated by both the contractor and the employer in relation to its obligations. It should be noted that clauses limiting or capping liquidated damages do not apply in case of the contractor’s fraud, wilful misconduct or gross negligence.