News
The Court of last instance does not assess the existence of a “termine essenziale” pursuant to art. 1456 c.c.
- 23/07/2018
The Court of Cassation, by Order no. 18835 of 16th July 2018, has stated that, pursuant to article 1456 of the Civil Code, a deadline to perform contractual obligations is to be deemed essential (so-called “termine essenziale”) only if a Court of first or second instance has ascertained that the contractual parties had agreed to exclude any economic utility to the performance of the contract after the expiry of that deadline.
The will of the parties is not to be inferred only from the use of expressions such as “within and not beyond”, but it must also be deduced from the object and the nature of the contract at issue.
The Supreme Court has then observed that the existence of a “termine essenziale” is to be assessed by a Court of first or second instance and that, if that decision is well motivated, it cannot be overturned by the Court of Cassation.
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