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ARTICLE · 16 FEBRUARY 2021

Coronavirus And Force Majeure

Is the impact of Covid-19 to be addressed as a force majeure event on contractual relationships in Italy?...

ItalyCoronavirus (COVID-19)
Luxury Law
Luxury Law

Is the impact of Covid-19 to be addressed as a force majeure event on contractual relationships in Italy?

Contractual responsibility and force majeure under Italian law

The contractual responsibility is regulated by article 1218 of the Italian Civil Code.

If the debtor is in breach of contract with no valid reason, he is responsible unless he proves that the reason for not performing the contract is somehow justified.

The debtor who fails to perform a contract is required to pay compensation for the damage unless he proves that the non-fulfillment or the delay was determined by the impossibility to perform the contract. Of course the impossibility has to be mainly motivated for reasons not attributable to the debtor.

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