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To Terminate An Agreement In Italiano

In the absence of a written agreement, it is necessary to find an appropriate remedy taking into account the right chosen by the parties or, failing that, the law applicable to the treaty. In general, in the context of the ongoing negotiations, the parties may nevertheless consider stating in writing, as a general non-responsibility, that no party can rely on the positive outcome of the negotiations, even with regard to the situation resulting from the COVID-19 emergency and regardless of any direct impact on the negotiated transaction. I hope that this would help to demonstrate the absence of reasonable expectations on the part of the other side as to the conclusion of the agreement. In any event, concrete advice must be sought on a case-by-case basis. (see, among other things, the decision of the Italian Supreme Court No. 7545 of 15 April 2016, that liability is incurred under Article 1337 of the Italian Civil Code when “negotiations are under way between the parties; the same have reached a point sufficient for the party arguing the other party`s responsibility to expect the agreement to conclude; the negotiations were concluded without diabolical cause by the allegedly responsible party; and, finally, despite the usual diligence used by the party who argued the other`s liability, there were no circumstances that should have excluded his reasonable expectation of entering into the contract.¬†According to some agreements, the economic impact of the coronavirus crisis may even lead to an increase in the obligations of one party. On the other hand, if the impossibility caused by the force majeure event or the “factum principis” is only temporary (Article 1256), the party is not responsible for the delay, but is expected to fulfill its commitment “as soon as possible” in the execution of the original agreement. It should be noted that the existence of a case of force majeure that impedes the proper performance of the contract is not “automatically” a valid excuse for terminating a contract or being free of contractual debts, but the party wishing to take advantage of this situation must prove that the force majeure event did take place and that this event had a direct consequence and the ability of the party , to fulfil their obligation to comply directly with the obligation. As soon as the law applicable to an international contract is established, it is necessary to check, for commercial contracts, whether the right of sale of the United Nations (also known as “CISG” or the 1980 Vienna Convention) applies.