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A contract regulated by articles 2222 et seq. of the Italian Civil Code (so-called “contratto d’opera”) is characterized by the execution of work or the provision of a service made by an independent person, in exchange for a payment.

According to the prevailing jurisprudence, a client of a professional is liable for the payment of the service provided but is not necessarily the beneficiary of it.

Therefore, the assignment of a task to a professional is to be made in a suitable way, so as to clearly manifest the will of the client to take advantage of the work of that professional (ex multis, Court of Cassation, judgment no. 3652 of 24th February 2016).

With judgment no. 8 of 3rd January 2017, the Court of Cassation has explained that the assignment of a task to a professional, in order to be suitable to clearly manifest the will of the parties, cannot be inferred only from “facta concludentia” made by those parties. 

The Court has then stated that neither any documentation regarding the relations between the parties, nor failure of the client to challenge the assignment (in a suit brought by the professional against their own client), prove the assignment.

Therefore, it is of paramount importance that, before providing a service, a professional makes a written agreement with their client, in order to be able to successfully claim the payment of the service provided.