What You Need to Know (Cosa Devi Sapere)
Italian Civil Code (Codice Civile)
Italy operates under the Codice Civile. Contract law (Art. 1321-1469), obligations, and debt collection follow specific statutory rules. Italian contract law emphasizes good faith (buona fede) in all dealings.
Messa in Mora / Diffida
A proper demand letter (messa in mora or diffida ad adempiere) must clearly state the claim, amount, legal basis, and deadline (typically 15 days). This formal notice puts the debtor in default (mora) under Art. 1219 CC.
Consumer Protection (Codice del Consumo)
The Codice del Consumo provides comprehensive consumer rights including warranty protections (garanzia legale - 24 months), withdrawal rights (14 days for distance sales), and unfair contract term protections.
Statute of Limitations
The ordinary limitation period (prescrizione) in Italy is 10 years for contractual claims. Some claims have shorter periods: 5 years for professional fees, 3 years for commercial transactions. Act promptly.
Italian Legal Framework (Versione 30 Secondi)
Italy uses a civil law system based on the Codice Civile. Contract disputes typically go to the Tribunale Ordinario or Giudice di Pace (for claims under 5,000 EUR). The decreto ingiuntivo (injunction to pay) is a fast procedure for documented debts - you can obtain an enforceable order without a hearing if the debtor doesn't oppose within 40 days. A formal diffida or messa in mora is the standard first step, putting the debtor in default and triggering mora interest (interessi moratori). Late payment interest for commercial transactions follows EU Directive rates. For amounts under 1,100 EUR, the Giudice di Pace offers simplified, lawyer-free proceedings. This tool helps create that formal demand - for complex cases, consult an avvocato.
Common Questions (Domande Frequenti)
Do I need a lawyer in Italy?
For Giudice di Pace claims under 1,100 EUR, you can represent yourself. For larger claims or Tribunale proceedings, an avvocato is typically required. The demand letter is the crucial first step before any court action.
What is a decreto ingiuntivo?
The decreto ingiuntivo is Italy's fast-track payment order for documented debts. Present your evidence, get an order without a hearing. If the debtor doesn't oppose within 40 days, it becomes immediately enforceable.
Should the letter be in Italian?
For legal enforceability in Italy, the letter should be in Italian. Italian courts require all documents in Italian. International contracts may have different language provisions.
What interest can I claim?
Once in mora, you can claim interessi moratori. For B2B transactions, the EU Late Payment Directive rate applies (ECB rate + 8 points). For consumer transactions, the legal interest rate applies (currently around 2.5%).
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