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Civil Law in Italy

Civil Law in Italy

Updated on Thursday 23rd June 2016

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The Civil Code in Italy contains elements from older and trustworthy rules of law, such as the Roman law, Napoleonic Civil Code, the German laws and the Italian Constitution that came into force in 1948. The present Civil Code also contains parts of the regulations of the former Kingdom of Sardinia; our team of Italian lawyers can provide an in-depth presentation on the main sources of law on which the Italian legislation is based upon.

Characteristics of the Italian civil law 

A series of courts form the actual judicial system in Italy and every type of the Italian courts is part of the national network. The Supreme Court of Appeal is the highest court in Italy and there are special courts, such as administrative and military courts. The legal system in Italy is very complex and sometimes there are certain contradictory provisions between different laws regarding the same subject. Because of such complex procedures of the judicial system, a case held in an Italian court can be resolved in several years, depending on the conditions, but it is important to know that similar situations are also available in other European countries. 
In order to avoid this type of situation, both natural persons and legal entities should become familiar with the local legislation related to the commercial or civil law. At the same time, foreigners are advised to request for legal assistance when concluding important contracts or when the procedures of the law are not very clear.
The civil courts in Italy are entitled to solve legal issues that may appear between private entities or private and Italian public administration. The mission of the administrative courts is to protect the private interests in connection with the public interests and to control the way that public funds are spend;our Italian law firm can offer more details on the local courts

What are the main regulations from the Civil Code?

The Civil Code in Italy contains regulations related to commercial activities and the requirements for opening a company, prescribed by the provisions of the Italian Civil Code
The Italian Civil Code provides regulations referring to the commercial activities carried out in Italy. The Act prescribes the main stipulation for the incorporation of a company, the main types of companies which are recognized under the local legislation, the legal requirements of the statutory documents of the company and many others. The rules and regulations are states under the articles 2325 -2510.

Legal system in Italy 

The Italian legal system is based on the rules provided by the Civil Code, which prescribes the main powers in the state. 
Italy is comprised of the following main legal pillars: 
Legislative power – represented by the Parliament; 
Executive power – represented by the Government;
Judicial power – which has a special role in the system, in the sense that it can’t be subjected by other legal power of the state. 
Persons who are interested in receiving more information on the rules and regulation provided by the Italian Civil Code can contact our Italian lawyers, who can provide legal assistance for a wide range of legal action prescribed by the civil legislation


  • Marina 2016-05-20

    Hello, I'd like to know more about the part of the Civil Code referring to the incorporation of a company. Thank you!

    Hello, you can send us an e-mail at and one of our lawyers will answer you. 

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